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1.
Definitions:
"afanti-tour.com"
is an interactive ("afanti-tour.com Interactive") on-line
service operated by Virtual Countries, Inc. ("VCI")
on the World Wide Web of the Internet, consisting of information
services and content provided by VCI, affiliates of VCI and other
third parties. "Subscriber" means each person who establishes
or accesses a connection ("Account") for access to and
use of afanti-tour.com.
2.
Introduction:
afanti-tour.com Interactive
Message Boards are a free service provided to users of afanti-tour.com.
By posting a message in the afanti-tour.com Interactive Message
Boards, you agree to be bound by the following terms and conditions.
If you do not wish to be bound by these terms, then please do
not use afanti-tour.com Interactive Message Boards.
3.
General:
This Agreement,
which incorporates by reference other provisions applicable to
use of afanti-tour.com INTERACTIVE, including, but not limited
to, supplemental terms and conditions set forth herein ("Supplemental
Terms") governing the use of certain specific material contained
in afanti-tour.com INTERACTIVE, and sets forth the terms and
conditions that apply to use of afanti-tour.com INTERACTIVE by
Subscriber.
By using afanti-tour.com INTERACTIVE (other than to read this
Agreement for the first time), Subscriber agrees to comply with
all of the terms and conditions hereof. The right to use afanti-tour.com
INTERACTIVE is personal to Subscriber and is not transferable
to any other person or entity. Subscriber is responsible for
all use of Subscriber's Account (under any screen name or password)
and for ensuring that all use of Subscriber's Account complies
fully with the provisions of this Agreement. Subscriber shall
be responsible for protecting the confidentiality of Subscriber's
password(s), if any.
afanti-tour.com INTERACTIVE shall have the right at any time
to change or discontinue any aspect or feature of afanti-tour.com
INTERACTIVE, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
4.
Changed Terms:
afanti-tour.com INTERACTIVE
shall have the right at any time to change or modify the terms
and conditions applicable to Subscriber's use of afanti-tour.com
INTERACTIVE, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use.
Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on afanti-tour.com INTERACTIVE, or
by electronic or conventional mail, or by any other means by which
Subscriber obtains notice thereof. Any use of afanti-tour.com
INTERACTIVE by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications
or additions.
5.
Limitations
on Use:
You understand that all messages appearing here are the sole responsibility
of those persons posting the message. This means that you, and
not afanti-tour.com Interactive, are entirely responsible for
all information and material that you post on the afanti-tour.com
Interactive Message Boards. afanti-tour.com Interactive does not
control the content of any messages posted on afanti-tour.com
Interactive Message Boards and does not guarantee the accuracy,
integrity or quality of anything on the afanti-tour.com Interactive
Message Boards or any products or services that may appear here.
You understand that by using the afanti-tour.com Interactive Message
Boards, you may be exposed to content that is offensive, indecent
or objectionable. Under no circumstances will afanti-tour.com
Interactive be liable for any errors or omissions in any postings
or for any loss or damages of any kind incurred as a result of
the use of any information contained in the afanti-tour.com Interactive
Message Boards.
Further, you
agree not to do any of the following while using afanti-tour.com
Interactive Message Boards:
A. Transmit
any message, information, data, text or other materials ("Content")
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, that may be invasive of
another's privacy, hateful, racially, ethnically or otherwise
objectionable;
B. Impersonate
any person or entity, including but not limited to, a afanti-tour.com
Interactive official, forum leader, guide or host or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
C. Post or
transmit any software or graphic files on any afanti-tour.com
Interactive Message Board or transmit any Content that you do
not have a right to transmit under any law or under contractual
or fiduciary relationships (such as nondisclosure agreements);
D. Post or
transmit any unsolicited advertising, promotional materials,
"junk mail", "spam", "chain letters",
"pyramid schemes", or any other form of solicitation
in any afanti-tour.com Interactive Message Board;
E. Intentionally
or unintentionally violate any applicable local, state, national
or international law, including but not limited to the regulations
promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including,
without limitation, and any regulations having the force of law
while using or accessing the afanti-tour.com Interactive Message
Boards; and
F. Upload or
transmit any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party. By submitting Content to any afanti-tour.com Interactive
Message Board, you automatically grant -- or warrant that the
owner of such Content has expressly granted -- afanti-tour.com
Interactive the royalty-free, perpetual, irrevocable, non-exclusive
and fully sublicensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such Content (in whole or part)
worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed.
6.
Third Party Content:
A. afanti-tour.com
INTERACTIVE is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, afanti-tour.com
INTERACTIVE has no more editorial control over such content than
does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers, Subscribers or any other user of afanti-tour.com
INTERACTIVE, are those of the respective author(s) or distributor(s)
and not of afanti-tour.com INTERACTIVE.
B. Neither
afanti-tour.com INTERACTIVE nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content,
nor its merchantability or fitness for any particular purpose.
(Refer to Section 14 below for the complete provisions governing
limitation of liabilities and disclaimers of warranty.)
C. In many
instances, the Content available through afanti-tour.com INTERACTIVE
represents the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with afanti-tour.com
INTERACTIVE. afanti-tour.com INTERACTIVE neither endorses nor
is responsible for the accuracy or reliability of any opinion,
advice or statement made on afanti-tour.com INTERACTIVE by anyone
other than authorized afanti-tour.com INTERACTIVE employee spokespersons
while acting in their official capacities. Under no circumstances
will afanti-tour.com INTERACTIVE be liable for any loss or damage
caused by a Subscriber's reliance on information obtained through
afanti-tour.com INTERACTIVE. It is the responsibility of Subscriber
to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through afanti-tour.com
INTERACTIVE. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion,
advice or other content.
7.
Monitoring:
afanti-tour.com INTERACTIVE
shall have the right, but not the obligation, to monitor the content
of afanti-tour.com INTERACTIVE, including chat rooms and forums,
to determine compliance with this Agreement and any operating
rules established by afanti-tour.com INTERACTIVE and to satisfy
any law, regulation or authorized government request. afanti-tour.com
INTERACTIVE shall have the right in its sole discretion to edit,
refuse to post or remove any material submitted to or posted on
afanti-tour.com INTERACTIVE. Without limiting the foregoing, afanti-tour.com
INTERACTIVE shall have the right to remove any material that afanti-tour.com
INTERACTIVE, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
8.
Termination:
Either afanti-tour.com
INTERACTIVE or Subscriber may terminate this Agreement at any
time. Without limiting the foregoing, afanti-tour.com INTERACTIVE
shall have the right to immediately terminate Subscriber's Account
in the event of any conduct by Subscriber which afanti-tour.com
INTERACTIVE, in its sole discretion, considers to be unacceptable,
or in the event of any breach by Subscriber of this Agreement.
The provisions of Sections 4, 5, and this Section 8 shall survive
termination of this Agreement.
9.
Copyrighted Information:
Message boards
sometimes contain material in which users share material they have copied
electronically from other sources. Because there are many thousands of possible
sources spread out across the Internet, e.g., newspapers, scientific journals
and bulletin boards, it is impossible to determine if any message on any
afanti-tour.com INTERACTIVE Message Board infringes the copyright of another party.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please notify afanti-tour.com INTERACTIVE so the situation
can be promptly addressed. To notify us, please us at
10.
Privacy:
It is afanti-tour.com
INTERACTIVE'S policy to take reasonable measures to respect the
privacy of afanti-tour.com's users. afanti-tour.com INTERACTIVE
will take reasonable measures to not disclose the contents of
your communications outside the afanti-tour.com INTERACTIVE Message
Boards unless required to do so by law or in the good faith belief
that such action is reasonably necessary to: (i) comply with legal
process; (ii) enforce these terms and conditions; (iii) respond
to claims that any Content on the afanti-tour.com INTERACTIVE
violate the rights of third-parties; or (iv) protect the rights,
property, or personal safety of afanti-tour.com, its users and
the public.
11.
Sites Linked From the
afanti-tour.com Interactive Website:
afanti-tour.com INTERACTIVE Message
Boards may provide and users may include in messages, links to
other Web sites or resources. afanti-tour.com INTERACTIVE is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any
content, advertising, products, or other materials on or available
from such sites or resources. afanti-tour.com INTERACTIVE shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such content, goods or services
available on such external sites or resources.
12.
Disclaimer of Warranty:
The services, information
or data (collectively, "Information") made available
at the afanti-tour.com INTERACTIVE Website are provided "AS
IS", without warranties of any kind. afanti-tour.com INTERACTIVE
expressly disclaims any representations and warranties, including
without limitation, the implied warranties of merchantability
and fitness for a particular purpose. afanti-tour.com INTERACTIVE
shall have absolutely no liability in connection with the services
including without limitation, any liability for damage to your
computer hardware, data, information, materials and business resulting
from the Information or the lack of information available on the
afanti-tour.com INTERACTIVE Website. afanti-tour.com INTERACTIVE
shall have no liability for:
A.
Any loss or injury caused, in whole
or in part, by its actions, omissions, or negligence, or for
contingencies beyond its control, in procuring, compiling, or
delivering the Information;
B.
Any errors, omissions,
or inaccuracies in the Information regardless of how caused,
or delays or interruptions in delivery of the Information; or
C. Any decision made or action taken or not taken in reliance
upon the Information furnished hereunder.
9.
Indemnification:
A. YOU EXPRESSLY
AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS afanti-tour.com
INTERACTIVE, AGAINST ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS'
FEES, ARISING OUT OF THE USE OF afanti-tour.com INTERACTIVE USER
OR SUBSCRIBER'S ACCOUNT MADE BY ANY THIRD PARTY DUE TO OR ARISING
OUT OF YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR VIOLATION
OF ANY RIGHTS OF ANOTHER.
B. YOU EXPRESSLY AGREE THAT USE OF afanti-tour.com INTERACTIVE
MESSAGE BOARDS IS AT YOUR OWN RISK. FOR PURPOSES OF THIS SECTION,
afanti-tour.com INTERACTIVE SHALL INCLUDE ITS DIVISIONS, SUBSIDIARIES,
SUCCESSORS, PARENT COMPANIES, AND THEIR DIRECTORS, OFFICERS,
SHAREHOLDER'S, EMPLOYEES, PARTNERS, PRINCIPALS, AGENTS AND REPRESENTATIVES,
AND ANY THIRD-PARTY PROVIDERS OR SOURCES OF INFORMATION OR DATA.
10.
No Liability for Content:
A. afanti-tour.com
INTERACTIVE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY CONTENT FOUND
ON afanti-tour.com INTERACTIVE MESSAGE BOARDS.
B. afanti-tour.com
INTERACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT.
C. afanti-tour.com
INTERACTIVE MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS
TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS
OF THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON
FOR ANY REASON.
D. afanti-tour.com
INTERACTIVE MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT
THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY
DEFECTS CAN BE CORRECTED.
E. afanti-tour.com
INTERACTIVE MAKES NO WARRANTY THAT ANY CONTENT ON THE afanti-tour.com
INTERACTIVE MESSAGE BOARDS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES afanti-tour.com INTERACTIVE
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF SUCH INFORMATION OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH afanti-tour.com INTERACTIVE
MESSAGE BOARDS.
F. YOU UNDERSTAND
AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF afanti-tour.com INTERACTIVE MESSAGE BOARDS IS DONE
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 IN THE DOWNLOAD OF SUCH CONTENT. TO THE FULL EXTENT PERMISSIBLE
UNDER THE APPLICABLE LAW, afanti-tour.com INTERACTIVE SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OR INABILITY TO USE afanti-tour.com
INTERACTIVE MESSAGE BOARDS OR FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED
OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH afanti-tour.com
INTERACTIVE MESSAGE BOARDS OR RESULTING FROM ALTERATION OR DELETION
OF ANY MESSAGES, EVEN IF afanti-tour.com INTERACTIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.
Equipment:
Subscriber shall be
responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of afanti-tour.com
INTERACTIVE and all charges related thereto.
12.
Miscellaneous:
This Agreement and
any operating rules for afanti-tour.com INTERACTIVE established
by afanti-tour.com INTERACTIVE constitute the entire agreement
of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the
parties with respect to such subject matter. This Agreement shall
be construed in accordance with the laws of the State of Washington,
without regard to its conflict of laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to be
a waiver of any preceding or subsequent breach or default. The
section headings used herein are for convenience only and shall
not be given any legal import.
If you become
aware of any messages in any afanti-tour.com Interactive Message
Boards that violate these terms and conditions, please email the
offending person's identification and cut and paste the relevant
content into an email to please contact us at
. afanti-tour.com INTERACTIVE
cannot guarantee that any action will be taken as a result of
your email.
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