TERMS OF USE AGREEMENT 1. I hereby acknowledge that the contents, including but not limited to the textual material, photographs, video clips, and source code thereof, are the sole property of Goddess Sativa, or are being used by Her with permission of the copyright owner, and are protected under the Copyright laws of the United States as well as under International Copyright treaties and laws. I understand that I am being granted a limited, non-exclusive license to view, save, download, or print these materials solely for my personal use. I fully understand that any commercial use, including but not limited to, reproduction of these materials in any manner, sale or offering for sale, assignment, licensing, distribution, or the preparation of any derivative work, without the express written consent of Goddess Sativa, is a violation of both the copyright laws and of the terms of the license granted under this agreement, and is actionable by Goddess Sativa under either the Copyright laws or the terms of this agreement, at Her option. 2. The content, products, and services provided from and through this Web site, including memberships thereto, are provided "as is" and/or "as available" and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information provided by the site may contain errors, problems, inaccuracies, or other limitations. Goddess Sativa assumes no liability or responsibility for any errors or omissions in the content contained on this site. Goddess Sativa is also not responsible or liable in any way for any damage caused by electronic viruses or similar programs contained within any file on Her site, or on any site linked to by this one. 3. I hereby agree to indemnify, defend, and hold Goddess Sativa, as well as any persons affiliated with Her Web site, including, but not limited to, other Dominas mentioned, featured, or advertised on Her site, contributing photographers or story writers, Her Web site designer, Her online service provider, and Her hosting company, harmless from any liability, loss, claim, or expense, including attorney's fees and court costs and expenses, related to any violation I commit of this Terms of Use Agreement. 4. I hereby understand and agree that Goddess Sativa, as well as any persons affiliated with Her web site, including, but not limited to, other Dominants mentioned, featured, or advertised on Her site, contributing photographers or story writers, Her Web site designer, Her online service provider, and Her hosting company, is not liable for any indirect, special, incidental, or consequential damages, whether based on breach of contract, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The limitations of such damages are fundamental elements of the basis of any commercial transaction between myself and Goddess Sativa. I understand that the information, goods, or services provided from this site would not be provided without such limitations. I understand that some state statutes may apply regarding limitations of liability. 5. I understand and agree that the sole liability of Goddess Sativa, and my sole remedy for any product, service, or information purchased by me through this site shall be limited to the amount I paid for the product, service, or information purchased. 6. This agreement shall be treated as though it were executed and performed in Los Angeles County, and shall be governed and construed in accordance with the laws of the United States of America and the state of California (without regard to conflicts of law principles). The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceeedings arising out of or in connection with this Terms of Use Agreement shall be brought solely in Los Angeles County, and purchasers of any product, service, or information from this Web site hereby expressly agree to submit to the jurisdiction of said courts and consent to extra-territoral service of process. 7. This Terms of Use Agreement
comprises the entire agreement between the parties with regards to the
subject matter contained therein. Any and all previous agreements, representations,
or warranties with regard to this site, its contents, or the goods and
services provided through the site, including memberships thereto, are
hereby superseded by this Agreement. No provision of this Agreement
can be amended or modified other than by a writing signed by the user
and Goddess Sativa. Should any part of this agreement be found to be
illegal, invalid, unconscionable, or otherwise unenforceable in any
court of law, the remaining portions of the agreement shall be held
to be binding and effective as between the parties, to the fullest extent
possible under the law. |