Eugenialast.com Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on August 1st, 2008

This Terms of Use Agreement sets forth the standards of use of the Eugenialast.com Online Service for Registered Member/Users. By using the Eugenialast.com website you (the “Member/User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted Eugenialast.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Eugenialast.com is providing Member/User with information that can purchased from Eugenialast.com for personal uses.

Member/User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member/User’s access to the Internet, and (3) pay any fees relate with such connection.

Eugenialast.com reserves the right at our sole discretion, to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, content, features and/or hours of availability. We may also enforce limits on specific features of the Website or restrict access to portions or all of the Website without notice or penalty.

2. Disclaimer of Warranties.

The site is provided by Eugenialast.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Eugenialast.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise Eugenialast.com shall have no liability for any interruptions in the use of this Website. Eugenialast.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability

EUGENIALAST.COM or EML PRODUCTIONS SHALL NOT be liable for any damages whatsoever, and in particular EUGENIALAST.COM shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if EUGENIALAST.COM has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member/User agrees to indemnify and hold Eugenialast.com its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member/User’s use of the Service, the violation of this Agreement, or infringement by Member/User, or other user of the Service using Member/User’s computer, of any intellectual property or any other right of any person or entity.

5. Member/Users Account

All Member/Users of the Service may receive a password and an account. Member/Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member/User agrees to notify Eugenialast.com of any unauthorized use of Member/User’s account or any other breach of security known or should be known to the Member/User. Member/User’s right to use the Service is personal to the Member/User. Member/User agrees not to resell or make any commercial use of the Service without the express written consent of Eugenialast.com.

6. Modifications and Interruption to Service

Eugenialast.com reserves the right to modify or discontinue the Service with or without notice to the Member/User. Eugenialast.com shall not be liable to Member/User or any third party should Eugenialast.com exercise its right to modify or discontinue the Service. Member/User acknowledges and accepts that Eugenialast.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Member/Users to review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information [Optional Clause]

Digital Download specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Eugenialast.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Eugenialast.com makes no warranties or representations whatsoever with regard to any product or personal service provided or offered and you acknowledge that any reliance on representations and warranties provided shall be at your own risk.

9. Governing Jurisdiction of the Courts of Canada

Our website is operated and provided in the Country of Canada. As such, we are subject to Canadian laws and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal Canadian laws.

10. Compliance with Laws.

Member/User assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member/User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member/User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information [Optional Clause]

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Eugenialast.com, will all rights reserved, or is the property of Eugenialast.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Eugenialast.com is strictly prohibited. Member/Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Eugenialast.com.

Eugenialast.com™ and Eugenialast.com™ are proprietary marks of Eugenialast.com. Eugenialast.com’s trademarks may not be used in connection with any product or service that is not provided by [Eugenialast.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Eugenialast.com

All other trademarks displayed on Eugenialast.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Eugenialast.com

12. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Eugenialast.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

EML PRODUCTIONS INC.

By Email: info@eugenialast.com

13. Botnets [Optional Clause]

Eugenialast.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Eugenialast.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

14. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by [Insert Name of Company], in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member/User. Member/User agrees that by accepting this Terms of Use Agreement, Member/User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].

15. Proprietary Rights

As between you and Eugenialast.com, Eugenialast.com is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated. Except as otherwise provided herein, use of the Site does not grant to you a license to any content, features or materials you may access on the Site. Any commercial uses of the Site are strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by Eugenialast.com. You may, however, print one (1) copy of the information on the Site solely for your personal use or records. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site.

User's Grant of Limited License

By submitting or sending information or other material to Eugenialast.com you grant Eugenialast.com the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable 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. In operating this Site, Eugenialast.com may seek Content that originates with you and other Site users. Notwithstanding the foregoing, Eugenialast.com does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site or Eugenialast.com’s mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Eugenialast.com will be deemed not to be confidential or secret. By submitting or sending information or other material to Eugenialast.com you represent and warrant that the information is original to you and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, sys tems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, may be used in any manner. Any violation in whole or in part of any of these conditions to access of Eugenialast.com shall render any use made thereof by User unauthorized and infringing, and without limiting any remedies that Eugenialast.com or any other party may have, User shall be liable for statutory damages to the maximum permitted by applicable law, along with other remedies available under the laws, including copyright laws, of the Canada and other countries. USER HEREBY ACKNOWLEDGES AND AGREES TO THE ABOVE CONDITIONS AS A MATERIAL INDUCEMENT TO PERMIT USER'S ACCESS OF Eugenialast.com.

16. Use of the Site

This Site and the Eugenialast.com Content are intended for customers and content providers of Eugenialast.com. You may not use this Site or the Eugenialast.com Content for any purpose not related to your business with Eugenialast.com. You are specifically prohibited from:

(a) downloading, copying, or re-transmitting any or all of the Site or the Eugenialast.com Content without, or in violation of, a written license or agreement with Eugenialast.com;

(b) using any data mining, robots or similar data gathering or extraction methods;

(c) manipulating or otherwise displaying the Site or the Eugenialast.com Content by using framing or similar navigational technology;

(d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Eugenialast.com product or service if you are not expressly authorized by such party to do so; and

(e) using the Site or the Eugenialast.com Content other than for its intended purpose.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Eugenialast.com has adopted a policy of terminating, in appropriate circumstances and at Eugenialast.com sole discretion, account holders who infringe the intellectual property rights of Eugenialast.com or any third party.