Terms of Service
This Agreement states the Terms and Conditions upon which you may use this Web Site (the "Site"). Please read this page carefully. By using the Site, you are agreeing to be bound by this Agreement between you and ConWest Resources, Inc. (the "Company"), and to abide by the terms and conditions set forth herein. In addition, when using specific services, you agree to abide by any guidelines or rules posted in connection with those services, all of which are hereby incorporated by reference into this Agreement.
If you do not agree with any posted terms or rules, or with any part of this Agreement, you must not use the Site. This Agreement is subject to change by the Company at any time, and changes are effective upon posting at the Site. Your continued use of the Site following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. If you do not comply with this Agreement at all times when using the Site, the Company reserves the right to deny or restrict your access to the Site. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
If you purchase services (including regular and trial subscriptions) from the Site, your payment will be processed securely by DHD, the Company's authorized sales agent. Your purchase will be billed as "Conwest-DHD800-935-5771" DHD may impose conditions or requirements in addition to those set forth in this Agreement, and your agreement to abide by those terms is also a condition of your use of the Site.
DHD also provides customer service for billing and payment issues, including processing cancellation of trial subscriptions and regular subscriptions and issuing credits in connection with unauthorized transactions. Please keep a record of the transaction ID number provided by DHD when you subscribe, and follow the instructions provided by DHD for obtaining assistance with billing-related questions.
If you decide to cancel your trial subscription, you must do so at least one day prior to the first monthly rebill date referenced at the bottom of your first transaction receipt. If you do not cancel at least one day prior to the end of the Trial Period, you are agreeing to continue as a regular subscriber upon the terms and conditions for regular subscriptions set forth herein, and you authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) at the then-current monthly rate on a recurring basis until you terminate your subscription.
If you purchase a regular subscription, or if you purchase a trial subscription and do not cancel at least one day prior to the end of the Trial Period, you hereby authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Site. If you cancel your subscription, your termination becomes effective at the end of the current billing period, otherwise your subscription will be automatically renewed for successive 30 day periods, and your credit card (or other approved payment facility) will be charged at the then-current subscription rate. Subscription fees are earned upon receipt and are non-refundable, whether or not termination is at your request. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of your subscription to the Site.
If you purchase other goods or services offered on the Site, you authorize the Company or its authorized agent to charge your credit card (or other approved payment facility) for any and all such purchases. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to the Company or its authorized agent for goods or services that you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services that you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges shall render you liable to the Company for liquidated damages in the amount of $5,000.00. The liability for liquidated damages specified in this paragraph shall be in addition to any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
You must promptly inform the Company and its authorized billing agent of changes in the expiration date of any credit card used in connection with the Site; changes in home or billing address; and any actual or suspected apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until you notify the Company and its authorized agent of a breach in security, you will remain liable for any unauthorized use of the Site. The Company will provide you with copies of billing records documenting charges for use of the Site upon request.
The contents of the Site are intended for the personal, noncommercial use of its visitors and subscribers. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips and video clips) (the "Content") are protected by copyright and other intellectual property laws, and are owned or controlled by the Company, or by the party credited as the provider of the Content, software or other materials. You agree to abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content, software or other materials accessed through the Site.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms of the Site), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or the Site in whole or in part.
Visitors (i.e., those who are not subscribers in good standing at the time they access the site) may not download or copy the Content or other downloadable items displayed on the Site except to the extent technically necessary to view such Content in a browser, and then only to the extent that such Content or other downloadable items are located in unsecured, publicly-accessible areas of the Site. Active subscribers may download or copy the Content and other downloadable items displayed on the Site for personal, noncommercial use on one computer at a time only, provided that they maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from the Company or the copyright holder identified in the individual Content's proprietary notices. SUBSCRIPTIONS MAY NOT BE ASSIGNED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY, AND ANY SUCH PURPORTED ASSIGNMENT OR TRANSFER WILL RESULT IN THE IMMEDIATE TERMINATION OF THE SUBSCRIPTION PURPORTEDLY ASSIGNED OR TRANSFERRED.
THE USE OF THE CONTENT ON ANY OTHER WEB SITE (INCLUDING, WITHOUT LIMITATION, THUMBNAILING OF IMAGES BY IMAGE SEARCH ENGINES) OR IN A NETWORKED COMPUTER ENVIRONMENT FOR ANY PURPOSE IS PROHIBITED.
FRAMING OF ANY PAGE, IMAGE, GRAPHIC OR OTHER CONTENT BY ANY OTHER WEB SITE IS PROHIBITED.
LINKING IS PERMITTED ONLY TO PUBLIC AREAS OF THE SITE, AND THEN ONLY TO HTML DOCUMENTS. LINKING TO IMAGES ("HOTLINKING") IS EXPRESSLY PROHIBITED.
If you believe that content appearing on the Site infringes your copyrights or other rights, you must follow the instructions for notifying us located at http://www.falconstudios.com/falcon/copyright.html.
Falcon Studios, Falcon International, Jocks Studios, Mustang Studios, and other graphics, logos, and Web Site names appearing on the Site are the trademarks of the Company or its respective content suppliers. These trademarks may not be used in connection with any product or Web site that is not the Company's or its respective content supplier's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
DISCLAIMER OF WARRANTIES
The Site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Site or about the results to be obtained from using the Site. The use of the Site is at your own risk. Changes are periodically made to the Site and may be made at any time.
THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND REGARDLESS OF THE FORM OF ACTION ASSERTED. COMPANY DOES NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
In general, any communication that you post to the Site is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by the Company as confidential, that fact will be stated in Legal Notices on those pages. By posting content in any form to the Site (including communications), you grant the Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such content alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You further agree to execute, at the Company's request, any documents reasonably required by the Company to demonstrate the existence of such license, and in the event that the Company cannot locate you following reasonable efforts, you irrevocably designate the Company your attorney-in-fact to execute such documents on your behalf, which designation shall be deemed coupled with an interest.
You are responsible for your own communications and are responsible for their consequences. You must not do the following things: post, transmit, promote, link, or facilitate the distribution of ("Post") material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to Post it; Post material that reveals trade secrets, unless you own them or have the permission of the owner; Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another subscriber or any other person or entity; Post a sexually-explicit image to a public area of the Site; Post advertisements or solicitations of business; Post chain letters or pyramid schemes; or impersonate another person. By using the Site, you agree to indemnify, hold harmless and defend the Company against any damages caused by your violation of this Agreement, including reasonable attorney's fees.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by visitors or subscribers or endorse any opinions expressed by visitors or subscribers. You acknowledge that any reliance on material posted by visitors or subscribers is at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by visitors or subscribers. If notified of communications that allegedly do not conform to this Agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to visitors or subscribers for performance or nonperformance of such activities. The Company reserves the right to expel visitors or subscribers and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
RULES OF CONDUCT
When using the Site, you must abide by the Rules of Conduct. Violation of the Rules of Conduct may result in consequences including, but not necessarily limited to, immediate termination of your account and denial of access to the Site.
LINKS TO OTHER WEB SITES
The Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Software that is made available for downloading from the Site, including but not limited to plug-ins ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated Legal Notice accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
LIMITATION OF LIABILITY
Unless otherwise expressly provided in a Software License or Legal Notice, the Company's aggregate liability to subscribers for all claims arising from the use of the Site (including Software) is limited to $100.00 or the total amount received from you by Company or its agent in subscription payments in the prior three months, whichever is less.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site (including Software) or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of the Content or the Software.
The Site is created and controlled in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. By using the Site, you agree to submit to the personal jurisdiction of the Superior Court of the State of California, County of San Francisco and/or the United States District Court for the Northern District of California, and to waive any objection based on improper venue or inconvenient forum in any proceeding in such tribunals. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
This Agreement contains the entire agreement between you and the Company regarding your use of the Site and all matters directly and indirectly related thereto.
ALL CONTENT APPEARING ON THE SITE IS INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH CONTENT DOES NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS APPEARING ON THE SITE OR PLACE ANY ORDERS FOR ANY GOODS OR WEB SITES ADVERTISED ON THE SITE. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18 YEARS.
YOU HEREBY ACKNOWLEDGE THAT EXPLICIT VISUAL, AUDIO AND/OR TEXTUAL DEPICTIONS OF HOMOSEXUAL CONDUCT APPEAR ON THIS WEB SITE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.