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Welcome to the Secret Trance web site - www.secrettrance.net - and any other web sites or services owned or operated by Secret Trance. This Terms of Use ("Terms" or "Agreement") is for the users, members, customers, and others who visit and use Secret Trance (collectively or individually, "Members").
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. By accessing, browsing, using and/or registering for Secret Trance, you acknowledge that you have read, understood, and agree to be bound by the following terms, including and guidelnes and future modifications (collectively, the "TERMS"). If you do not agree to these Terms, then please do not use Secret Trance.
These Terms contain the legal terms and conditions that govern your use of services provided to you by Secret Trance, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.secrettrance.net as well as all elements, software, programs and code forming or incorporated in to www.secrettrance.net (the "Service"). Secret Trance is also referred to in these Terms as "we", "our", and "us".
When using Secret Trance, you will be subject to any additional posted guidelines or rules including but not limited to Secret Trance`s Rules and the "News" or "Stickies" found in the Secret Trance Forums, which are applicable to specific activities and features which may be posted from time to time (collectively referred to herein as the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
Never display any personal information that could be used to find you in the real, off-line, world - for example, your full real name, mailing or home address, or phone numbers.
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Your privacy is important to us. Secret Trance`s Privacy Notice is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
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This Service is provided by Secret Trance on an "AS IS" and "AS AVAILABLE" basis and Secret Trance reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Secret Trance is and will not be liable to you for any modification, suspension or discontinuance of the Service.
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Secret Trance reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on Secret Trance. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
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By using Secret Trance, you are agreeing that you will not:
- "stalk", harass, threaten, or defraud other Members
- send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other Members
- make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Members
- impersonate another person or access another Member`s account without permission
- fail to deliver payment for any purchases made on Secret Trance
- share Secret Trance-issued passwords with a third party or encourage another Member to do so
- misrepresent the source, identity, or content of information transmitted via Secret Trance, for example, claiming a created work as your own that is not yours
- use Secret Trance for any illegal purpose
- interfere with any security-related features of Secret Trance
- intentionally interfere with the operation of Secret Trance or any Member`s enjoyment of it, or intentionally post inflammatory statements to get responses (commonly known as "Trolling")
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Secret Trance that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Secret Trance does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Secret Trance, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
Additional rules are found here and you are expected to follow those rules in addition to the ones outlined above.
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| Eligibility and Account Information
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Secret Trance is not available to persons under the age of 13 or to any Members suspended or removed from Secret Trance by Secret Trance. You agree that the information you provide to Secret Trance on Member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.
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When you register as a Member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Secret Trance. You may be liable for the losses incurred by Secret Trance or others due to any unauthorized use of your account.
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| Ownership and Proprietary Rights
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Secret Trance is owned and operated by Secret Trance. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Secret Trance provided by Secret Trance, including without limitation any Artwork, Secret Trance virtual items, Secret Trance Echos, Secret Trance member Online Accounts or User IDs, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Secret Trance are the property of Secret Trance or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Secret Trance or its affiliates and/or third-party licensors. Except as expressly authorized by Secret Trance, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials.
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| Definition and Ownership of Member Submissions
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Secret Trance may now or in the future permit submissions in journals, Trances, personal ads, chat, messages, reviews, blogging, etc. by you and other Members ("Member Submissions"), and the hosting, sharing and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Secret Trance does not guarantee any confidentiality with respect to any Member Submissions.
Members retain all ownership rights in their Member Submissions.
By submitting Member Submissions to Secret Trance, you hereby grant to Secret Trance, solely as necessary to provide the features and functionality of the part(s) of Secret Trance within which you choose to make your Member Submissions available, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your Member Submissions within Secret Trance in any media formats and through any media channels. This license does not grant Secret Trance the right, except in providing the Secret Trance service, to use your Member Submissions for any other commercial purposes.
By submitting Member Submissions to Secret Trance, in cases where you display your Member Submissions for other Members to view, or when you directly exchange or otherwise provide your Member Submissions to other Members as permitted by certain Secret Trance functionality and these Terms, you hereby grant to such Members of Secret Trance a non-exclusive license to display, reproduce, and perform (if applicable) such Member Submissions solely as necessary for such Members to participate in the relevant Secret Trance functionality or activity.
The foregoing license granted by you terminates as to a specific Member Submission once you remove or delete such Member Submission from Secret Trance.
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| Required Rights in Member Submissions
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You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Secret Trance and Secret Trance`s Members to use your Member Submissions as necessary to exercise the license granted by you in the section above and you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by Secret Trance and these Terms.
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| Member Submissions Representations
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In connection with Member Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Secret Trance all of the license rights granted herein, publish falsehoods or misrepresentations that could damage Secret Trance or any third party, submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate, post advertisements or solicitations of business or impersonate another person.
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At this time, Secret Trance provides free online storage of Your Submissions to registered members of the Service. However, you acknowledge and agree that Secret Trance may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Submission will be retained by the Service, the maximum size of any Submission files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Submissions on Secret Trance`s server. Furthermore, you acknowledge that Secret Trance reserves the right to terminate or suspend accounts that are inactive, in Secret Trance`s sole discretion, for an extended period of time (thus deleting or suspending access to your Submissions). Secret Trance shall have no responsibility or liability for the deletion or failure to store any Submission maintained on the Service and you are solely responsible for creating back-ups of Your Submissions. You further acknowledge that Secret Trance reserves the right to modify its storage policies from time to time, with or without notice to you.
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| Member Submissions Disclaimer
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You understand that when using Secret Trance, you will be exposed to Member Submissions from a variety of sources, and that Secret Trance is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Secret Trance with respect thereto, and agree to indemnify and hold Secret Trance, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Secret Trance. Secret Trance does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Secret Trance expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Secret Trance may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. Secret Trance does not permit copyright infringing activities on Secret Trance.
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You are welcome to post, transmit or submit chat and messages (collectively "Messages") within, or in connection with, Secret Trance. Secret Trance accepts no responsibility whatsoever in connection with or arising from such Messages. Secret Trance does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not reviewed by Secret Trance prior to posting and do not necessarily reflect the opinions or policies of Secret Trance. Secret Trance makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Secret Trance reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.
Secret Trance assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Secret Trance chooses, in its sole discretion, to monitor the Forums, Secret Trance nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the Member submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Secret Trance accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.
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Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access Secret Trance from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting Secret Trance from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.
Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of Secret Trance, you will not use Secret Trance for any purpose that is unlawful or prohibited by these Terms. You may not use Secret Trance in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party`s use and enjoyment of Secret Trance. You may not attempt to gain unauthorized access to Secret Trance, or any part of them, other accounts, computer systems or networks connected to Secret Trance, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Secret Trance or any activities conducted on Secret Trance. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Secret Trance. You agree neither to modify Secret Trance in any manner or form, nor to use modified versions of Secret Trance, including (without limitation) for the purpose of obtaining unauthorized access to Secret Trance.
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Secret Trance is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted Submissions to Secret Trance are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Submissions including any such works without the express, written consent of Secret Trance or the appropriate owner of copyright in such works. Secret Trance does not claim ownership rights in your works or other materials posted by you to Secret Trance (Your Submissions). You agree not to distribute any part of the Service other than Your Submissions in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.
Secret Trance respects the intellectual property rights of others and expects users of the Service to do the same. At Secret Trance`s discretion and in appropriate circumstances, Secret Trance may remove Your Submission submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Secret Trance`s staff for notice of claims of copyright infringement, which can be reached through admin@secrettrance.net. You must provide our staff with substantially the following information, which Secret Trance may then forward to the alleged infringer:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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It is Secret Trance`s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Secret Trance will promptly terminate without notice any Member`s access to Secret Trance, if that Member is determined to be a "repeat infringer." A repeat infringer is a Member who has been notified by Secret Trance of infringing activity violations more than twice and/or who has had a Member Submission removed from Secret Trance more than twice.
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Throughout your Secret Trance experience, you may accumulate "Echos," which constitutes a limited license right to use a feature of Secret Trance when, as, and if allowed by Secret Trance. Echos is the fictional currency used in the world of Secret Trance and it may be used to purchase virtual goods or virtual services which are stored in the Member`s inventory and can be used to enhance the look of the Member`s on-line persona or player, also known as a "Doll." Secret Trance may charge fees for the right to use Echos, or may distribute Echos without charge, in its sole discretion. Regardless of terminology used, Echos represents a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from Secret Trance at any time. You agree that Secret Trance has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Echos as it sees fit in its sole discretion, and that Secret Trance will have no liability to you based on its exercise of such rights.
Notwithstanding any other language to the contrary, as used in these Terms and throughout Secret Trance in the context of Echos transfers: (a) the term "sell" means "to transfer for consideration to another Member or Secret Trance the licensed right to use Echos in accordance with these Terms" and (b) the term "buy" means "to receive for consideration from another Member or Secret Trance the licensed right to use Echos in accordance with these Terms." Secret Trance may halt, suspend, discontinue, or reverse any Echos transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with Secret Trance.
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If you purchase a Limited Item, account upgrades or otherwise buy products or services from Secret Trance, then you agree to pay for any such purchases, products and services and we may charge your selected payment method to collect any such payments. You are required to keep your billing information current, complete, and accurate (such as a change in billing address, credit card number or expiration date) and notify Secret Trance if your selected payment method is cancelled (e.g., for loss or theft).
You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any governmental taxes imposed on your purchase from or use of Secret Trance, including, but not limited to, sales, use or value-added taxes. To the extent Secret Trance is obligated to collect such taxes, the applicable tax will be added to your billing account.
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Secret Trance may include links to other web sites or services solely as a convenience to Members ("linked sites"). Secret Trance does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Secret Trance makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Secret Trance are solely between you and such advertiser. You agree that Secret Trance will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Secret Trance.
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| Violations and Termination
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You agree that Secret Trance, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Secret Trance or your use of Secret Trance and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. Secret Trance may also in its sole discretion and at any time discontinue providing access to Secret Trance, or any part thereof, with or without notice. You agree that any termination of your access to Secret Trance or any account you may have or portion thereof may be effected without prior notice, and you agree that Secret Trance shall not be liable to you or any third party for any such termination. As discussed herein, Secret Trance does not permit copyright infringing activities on Secret Trance, and reserves the right to terminate access to Secret Trance, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Secret Trance may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Secret Trance may have at law or in equity.
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Secret Trance AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH Secret Trance ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Secret Trance, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Secret Trance, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Secret Trance WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Secret Trance OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Secret Trance, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Secret Trance IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Secret Trance NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF Secret Trance AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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| Indemnification; Hold Harmless
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You agree to indemnify, save, and hold Secret Trance, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys` fees, arising out of your use or misuse of Secret Trance, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Secret Trance reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Gaia, and you agree to cooperate with Secret Trance`s defense of these claims.
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| Limitation of Liability and Damages
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UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Secret Trance OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON Secret Trance, OR ANY OTHER INTERACTIONS WITH Secret Trance, EVEN IF Secret Trance OR A Secret Trance AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Secret Trance`S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL Secret Trance OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF Secret Trance, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER Secret Trance MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Secret Trance DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Secret Trance AND RECEIVED THROUGH OR ADVERTISED ON Secret Trance OR RECEIVED THROUGH ANY LINKS PROVIDED ON Secret Trance.
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Except as explicitly stated otherwise, legal notices will be served on Secret Trance`s national registered agent or to the email address you provide to Secret Trance during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Secret Trance. In such case, notice will be deemed given three days after the date of mailing.
The failure of Secret Trance to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Secret Trance.
These Terms will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Secret Trance will be filed only in the state or federal courts in and for Anne Arundel County, Maryland, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Secret Trance without restriction.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between you and Secret Trance relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Secret Trance as set forth above.
YOU AND Secret Trance AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Secret Trance MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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