WEB SITE & ADULTTURNKEYSUPERSTORE WEBSITE USER AGREEMENT AGREEMENT BETWEEN USER/PURCHASER AND Ovni Holdings, LLC c/o ADULTTURNKEYSUPERSTORE.COM.
This Web site (the “Site”) is offered to you by Ovni Holdings, LLC. 500 N. Rainbow Blvd. Ste 300-A Las Vegas, NV (the “Company”) on the condition that you accept the terms, conditions, and notices contained in this Web Site User Agreement, and any amendments (the “Agreement”) and on other pages of the Site. YOU AGREE TO READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE AND OR PURCHASING THE ADULTTURNKEYSUPERSTORE WEBSITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE OR PURCHASE PRODUCTS UNLESS YOU AGREE TO THEM. BY USING THIS WEB SITE AND OR PURCHASING THE ADULTTURNKEYSUPERSTORE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT AND YOU AGREE TO THEM. The Company reserves the right to change the terms, conditions and notices under which this Web site is offered at any time in its sole discretion, and your continued use constitutes agreement to any such changes.
PERSONAL AND NON-COMMERCIAL USE OF THIS WEB SITE
(The copyright clauses also pertain to the AdultTurnkeySuperstore that you would purchase and operate.)
This Site, and the contents of the AdultTurnkeySuperstore shopping cart package (upon delivery), including all information, text, graphics and code (collectively “Content”), is copyrighted and protected by worldwide trademark, trade dress, copyright and other intellectual property laws and treaty provisions (Copyright © 2000-2009 AdultTurnkeySuperstore.com, Inc. and/or its suppliers. All rights reserved.) AdultTurnkeySuperstore.com,. and other names, products and/or services referred to on the Site are trademarks or registered trademarks of AdultTurnkeySuperstore.com. Other product and company names mentioned on the Site are the trademarks of their respective owners unless otherwise specified.
We authorize you to view and use this website as long as you maintain all copyright and other notices contained in the content, with all other rights reserved. You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, the Company does not grant any express or implied intellectual property right to you.
(all following sections include theAdultTurnkeySuperstore that you would purchase from this site and operate.)
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
1. you are at least 18 years of age and have the legal right to possess adult oriented materials and sex toys in your community and legal jurisdiction.
2. You have provided true, accurate, current and complete information about yourself as prompted on the site. Your billing address should be the address and phone number your credit card bank has on file for you.
3. You will not use this Web site for any purpose that is improper, unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Web site and that you will act in good faith in your relationships with AdultTurnkeySuperstore.com, Inc.
4. You are not a partner, owner or employee of AdultTurnkeySuperstore.com.
5. You understand that you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You affirm that you are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters, which is both healthy and normal and, which, in your experience, is generally shared by average adults in your community. You are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
The Account Holder agrees not to harm Ovni Holdings, LLC.., its reputation, computer systems, programming and/or other persons using Ovni Enterprise services.
1. General Terms and Policies. Ovni Holdings, LLC is a private company providing web site hosting and e-mail services. Ovni Holdings, LLC equipment and facilities may be used to conduct private and commercial transactions, send electronic mail, transfer files, and otherwise participate in all legal aspects of the Internet (these uses are referred to in this document as the Service), subject to these Terms and Policies.
The Service is provided to authorized persons or organizations (referred to in this document as Subscriber or you). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Ovni Holdings, LLC grants you a non-exclusive right to access, use and display the Service residing on our servers, on any computers or other electronic display devices of which you are a primary user. You may not assign, sub-license or transfer any rights or obligations of the Service without the express written consent of Ovni Holdings, LLC
We do not offer technical support by phone. All tech support issues are handled through our Help Desk ticket system.
We provide the Turnkey web sites “as is” and are not responsible for any product, pricing and or text errors that may be on the provided sites. Any customization, price changes, product updates, enhanced SEO, artwork etc are the sole responsibility of the Subscriber. This package does not come with free web design services. If you plan on modifying the site in any way and or adding your own web site pages and design, this is your responsibility.
IMPORTANT!! Back up your site regularly! You can do this by logging into your control panel and clicking the link Account Backups We are not responsible for any lost data and or loss of business or revenue as a result of a systems crash, malfunction or errors on the part of the customer.
2. Coverage. Ovni Holdings, LLC will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Ovni Holdings, LLC. be liable to the Account Holder for any damages resulting from or related to any failure or delay of Ovni Holdings, LLC. in providing access to the Internet under this Agreement. In no event shall Ovni Holdings, LLC. be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Ovni Holdings, LLC. under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder here-under. The terms of this Section will survive any termination of this Agreement.
3. Prices and Charges. Ovni Holdings, LLC charges for the Service are set at the time the service is ordered. Ovni Holdings, LLC will provide notice to the Subscriber, via e-mail, 30 days prior to any changes in pricing.
Unsolicited Bulk E-mail (spam) cleanup: $300 + $2 per message sent + $50 per complaint received by Ovni Holdings, LLC. The Customer who violates this policy agreement agrees to also pay Investigation fees of no more than $100 per hour that personnel must spend to investigate any violations. Any checks returned by the issuing institution will be charged a processing fee of $25. If an account holder charges back on credit card payment for services rendered, a $50.00 charge back fee will be added to the amount charged back by the customer.
If you fail to pay for your account for 30 days after the date of the invoice, Ovni Holdings, LLC may without further notice terminate your account. Termination does not remove your responsibility to pay all fees incurred up to the date that Ovni Holdings, LLC terminates your account. If Ovni Holdings, LLC incurs any fees or costs in collecting any past-due amounts, including costs of attorneys or a collection bureau, those fees and costs will be added to the amount you owe.
4. Term and Cancellation. The Service is provided to you on a month-to-month basis based on your starting date. Ovni Holdings, LLC must receive a notice of termination from you at least seven (7) days prior to your next billing cycle, or the Service will be provided and charged to you for the following month. The notice of termination by e-mail or phone is not acceptable, NO exceptions!
1. Log in to your client area, control panel located at: https://adultturnkeysuperstore.com/whmcs
2. Once logged in, have a look at the upper menu and click on “My Services”
3. Once that new page loads, you will see (in green) a description of your turnkey website package, Just to the right of that, you will see a small square clickable document icon. Go ahead and click on it.
4. Once that new page loads, you will be presented with your product details. Scroll down to the bottom of the page and click the button that says “Request Cancellation”.
Once we have received your request we will review your account for any outstanding payments due. If there are payments due, you will need to pay them off in full, before we honor your cancellation request.
5. The Service is provided to you on a month-to-month basis based on your starting date. Ovni Holdings, LLC must receive notice of termination (as described above) from you at least seven (7) days prior to your next billing cycle, or the Service will be provided and charged to you for the following month. The notice of termination by e-mail or phone is not acceptable, NO exceptions!
Any outstanding payments not received within 15 calendar days of cancellation, will be automatically sent to a collections agency. At that point a negative report will show on your credit report, and will severely affect your credit rating, preventing you from getting loans, merchant accounts, and/or buying a home or vehicle etc.
5. Grounds for Suspension and Termination. As an Ovni Holdings, LLC Subscriber, you agree to comply with these Terms and Policies. Any violation of either these Terms or Policies may serve as cause for Ovni Holdings, LLC to suspend or terminate your account. You agree that Ovni Holdings, LLC has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:
a. Using the Service in a way which constitutes violation of any copyright, trademark, applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);
b. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (spamming); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity;
c. Using the service to store, transfer, or advertise the following, violations of privacy, computer viruses, hacking, warez, and any harassing and/or harmful material or uses. Photos or videos showing graphic violence or death.
d. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you;
e. Using the Service in such a way as to forge or misrepresent headers, addresses, or other identification in website pages or electronic mail, or using any other method to disguise the sender’s identity or location;
f. Excess utilization of system or network resources, including, but not limited to the use of CGI scripts or programs which consume an unreasonable amount of Central Processing Unit (CPU) usage or Random Access Memory RAM);
g. Posting commercial messages to a USENET group for the purposes of promoting your website, where the posting is not approved by the specific USENET group in its charter;
h. Using the Service to promote or solicit competing Internet services;
i. Using the Service for unauthorized relays through any third party systems;
j. Using the Service for mail-bombing, which includes any instance where multiple
messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional;
k. Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s);
l. A significant number of complaints regarding Subscriber’s failure to be reasonably accessible to Subscriber’s customers or to fill orders in a timely manner;
m. Engaging in harassment, whether through language, frequency, or size of e-mail messages;
n. Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks; or,
o. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information. No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Ovni Holdings, LLC may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
p. Failure to consistently make payments in a timely manner and or having the account suspended for lack of payment more than once.
q. Abusive behavior or threats, to the corporations or its staff.
The provisions of this Policy are intended as guidelines, any conduct that is unlawful, or goes against accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Ovni Holdings, LLC reserves the right at all times to prohibit activities or terminate accounts that damage Ovni Holdings, LLCs reputation in the Internet Community, goodwill, employee morale or any illegal activity deemed by Ovni Holdings, LLC..
6. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify Ovni Holdings, LLC as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of the Ovni Holdings, LLC. services, including any damages resulting there from, until the Account Holder notifies Ovni Holdings, LLC customer service
7. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Ovni Holdings, LLC, neither Ovni Holdings, LLC nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Ovni Holdings, LLC neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Ovni Holdings, LLC is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).
You agree to be liable for any damages or loss of service which results in damages to Ovni Holdings, LLC as a result of any illegal spamming or other violations of Section 5 above. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Ovni Holdings, LLC may pursue any such claims against you in District Court in Las Vegas, Nevada. You agree that in no event will Ovni Holdings, LLC have financial liability to you in excess of the dollar amount remaining on your current service period.
8. Ovni Holdings, LLC services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchant ability, fitness for a particular purpose or non-infringement. Ovni Holdings, LLC offers is turnkey web sites as is and is not responsible for any typographic errors and or pricing errors. You agree to hold Ovni Holdings, LLC, its officers and affiliates harmless against any and all legal actions from you or a third party that may arise out of your use of our services and or products. Ovni Holdings, LLC expressly disclaims any representation or warranty that the Ovni Holdings, LLC services will be error-free, secure or uninterrupted. No oral advice or written information given by Ovni Holdings, LLC.., its employees, licensees of the like, will create a warranty; nor may you rely on any such information or advice. OVNI HOLDINGS, LLC PROVIDES NIGHTLY WEBSITE BACKUPS BUT DOES NOT GUARANTEE THE BACK-UP OF ANY OF YOUR DATA AND OR TO BE FREE OF ANY ERRORS OR DATA CORRUPTION WHICH MIGHT OCCUR DURING THE BACKUP PROCESS WHICH MAY BE STORED ON THE SERVICE.
We do not offer support for any 3rd party applications, installations, and or custom modifications to your site. Those include but are not limited to the set up of merchant accounts, payment systems like PayPal, adding pages, your own Logos, etc. We will help you set these 3rd party applications as a courtesy only and are not responsible, if for whatever reason, there are delays and or malfunctions as a result of these additional options not working.
These 3rd party applications, options, and their set up are not considered part of our advertised installation of the shopping cart system! We provide you with a site ready to accept orders without merchant account configurations, or your logos or other additions that fall outside of our initial installation. It is totally up to you if you want to add additional modifications from that point; we are not responsible for those.
Due to the duplicateble nature of this product, all sales are final and you agree to waive all charge back claims as a result. Optional add-ons are also non-refundable including but not limited to, graphic templates, SSL certificates and monthly web fees. If you decide to cancel, you will no longer be authorized to use any of our (hidden watermarked) product images and/or copyrighted product text descriptions, most of which we produce in-house. At all times the Turnkey package MUST be hosted on our servers. If you decide to cancel service, you agree that you will not be entitled to use our product database, images and or product text descriptions.
You agree not use the Web site to:
• Upload, post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, that infringes any copyright, trademark, trade secret, patent or other proprietary right, disruptive to the site, harmful to minors, hateful, or racially, ethnically or otherwise objectionable;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Web site;
• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation except as otherwise expressly authorized by the Company;
• Disrupt or interfere with the operation of the Web site or any servers or networks connected to the Web site service or disrupt any other user’s enjoyment of the Site of any affiliated or linked sites;
• Violate any applicable local, state, national or international law or regulation;
• Upload, post or otherwise transmit any obscene material or material containing child pornography.
• Upload, post or otherwise transmit any material containing viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data or personal information.
• Deep link to this Site, use any meta tags or other hidden text using our name, trademark or product name, or frame any Content without our express written consent;
• Collect or store personal data about other users.
INDEMNITY You agree to indemnify and hold the Company, its directors, officers, agents, affiliates, suppliers and employees harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) which arise out of, are connected with or directly relate to your use of the Site, the products obtained through the site or any violation of this Agreement.
CONTENT PROVIDED BY YOU
By posting messages or engaging in other communication to the Company or this Site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised, and you agree that the Company is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Company. You further recognize that the Company does not want you to, and you represent and warrant that you shall not, provide any information or materials to the Company that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another. You acknowledge and agree that communications and transmission to and from the Company Web site are not confidential. You waive all rights to any claim against the Company, its directors, officers, agent, suppliers or employees for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
LINKS TO OTHER WEB SITES
The Site may contain links to Web sites operated by parties other than the Company. The links are provided for your convenience only. The Company does not control the Web sites and is not responsible for the content on such Web sites. By offering links, the Company is not implying that it endorses anything contained on such Web sites or has any association with the operators of the Web sites.
LIABILITY LIMITATION & DISCLAIMER OF WARRANTIES
Information or advice received from this Web site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE CONTENT, PRODUCTS OR SERVICES ACCESSIBLE THROUGH THE SITE. ALL INFORMATION AND SERVICES ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND PRODUCTS ARE PROVIDED SOLEY WITH A LIMITED WARRANTY. OTHER THAN THE LIMITED WARRANTY FOR PRODUCTS DESCRIBED ABOVE, THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, INCLUDING (WITHOUT LIMITATION) ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING , THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this Web site.
This Web site is controlled, operated and administered by the Company from its offices within the United States of America. The Company makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Content in violation of any applicable laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.
Choice of venue. This Agreement is governed by the laws of the United States and of the State of California. Unless otherwise agreed in writing, any claim, dispute or controversy of any kind, in any way arising out of or relating to the Site, this Agreement, or any purchase made through the Site (excepting any claim, dispute or controversy relating to intellectual property rights) shall be subject to exclusive, final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and conducted in Burbank, CA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the District of Burbank, CA, with venue lying in Burbank, CA, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. You agree that any cause of action you may have with respect to your use of the Site, this Agreement or any purchase made through the Site must be commenced within one (1) year after the claim or cause of action arises.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site and the Turnkey Superstore. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. Company’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.
Sections entitled Liability Limitation & Disclaimers of Warranty, Indemnity, and General will survive any termination of this Agreement. All sales are final of this product and service. NO exceptions!
Except as explicitly stated otherwise, notice to the Company must be given by Postal mail to Ovni Holdings, LLC, Attn. Legal Department, 500 N. Rainbow Blvd.
Ste 300-A Las Vegas, NV 89107 and notice to you may be given by an e-mail sent to the address you provided (if any) or by a general notice posted on the Site. E-mail notice shall be deemed given 24 hours after the e-mail is sent. Postal notice shall be deemed given 3 days after the date of sending.
By making your purchase you agree to be bound to these terms. These terms subject to change without notice.