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PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THIS SITE
By using this site, you signify your assent
to these terms. If you do not agree to these
terms, please do not use this site.
Welcome to Arpil.com. Arpil.com provides
its services and materials to you, subject
to the following terms and conditions of
this agreement (this Agreement),
which may be changed or amended by us from
time to time without notice to you.
1. You agree that you may not use, quote,
copy, distribute, broadcast or publish on
any medium now known or hereinafter devised
any text, content, graphics, video clips
or still photographs contained in this site
without the prior express written authorization
of Arpil Entertainment, Inc., which grants
authorization in its sole discretion on
a case-by-case basis. To contact Arpil Entertainment,
Inc. regarding obtaining such authorization,
please e-mail us at arpil@arpil.com.
2. You agree to indemnify and hold Arpil
Entertainment, Inc., and its subsidiaries,
affiliates, officers, agents, co-branders
or other partners and employees harmless
from and against any claim, expenses and
costs, including reasonable attorneys' fees,
made by any third party due to or arising
out of any material you submit or transmit
through this site, your use of the services
and materials provided on this site, your
violation of any term or condition of this
Agreement or your violation of any rights
of another party.
3. You agree that Arpil.com makes no guarantee
of availability of any services or materials
provided on this site, and may at any time,
or from time to time, modify or discontinue,
temporarily or permanently, any services
or materials provided on this site without
notice to you.
4. You acknowledge and agree that any services
or materials provided on this site and any
necessary software used in connection therewith
("Software") contain proprietary
and/or confidential information that is
protected by applicable intellectual property
laws and other laws. Except as expressly
authorized by Arpil Entertainment, Inc.,
you agree not to modify, rent, copy, lease,
loan, sell, distribute or create derivative
works based on the Software or the services
or materials provided on this site, in whole
or in part. To contact Arpil Entertainment,
Inc. regarding obtaining such authorization,
please contact arpil@arpil.com.
5. Under no circumstances, including without
limitation negligence, shall Arpil Entertainment,
Inc. be liable for any special or consequential
damages that result from the use of, or
the inability to use, the materials or services
on this site, even if Arpil Entertainment,
Inc. or its 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 no event shall
Arpil Entertainment, Inc.'s total liability
to you for all damages, losses, and causes
of action (whether in contract, tort, or
otherwise) exceed the amount paid by you,
if any, for accessing this site. You agree
that Arpil Entertainment, Inc. shall not
be liable to you or to any third party for
any modification, suspension or discontinuance
of any services or materials provided on
this site.
6. YOU UNDERSTAND THAT THE SERVICES OR
MATERIALS ON THIS SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, ARPIL ENTERTAINMENT, INC. DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ARPIL ENTERTAINMENT, INC. DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ARPIL ENTERTAINMENT,
INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS OR SERVICES PROVIDED
ON THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, THOROUGHNESS OR OTHERWISE.
YOU (AND NOT ARPIL ENTERTAINMENT, INC.)
ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
7. Recognizing the global nature of the
Internet, you agree to comply with all local
rules regarding online conduct and use of
this site. Specifically, 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.
8. The formation, construction and interpretation
of this Agreement and the relationship between
you and Arpil.com shall be controlled by
the laws of the State of California, U.S.A.,
as such law applies to agreements between
California residents entered into and to
be performed within California. You and
Arpil Entertainment, Inc. agree to submit
to the personal and exclusive jurisdiction
of the state and federal courts located
within the county of Los Angeles, California.
The failure of Arpil Entertainment, Inc.
to exercise or enforce any right or provision
of this Agreement shall not constitute a
waiver of such right or provision. If any
provision of this Agreement or the application
of such provision to any person or circumstance
shall be held invalid, the remainder of
this Agreement or the application of such
provision to persons or circumstances other
than those to which it is held invalid shall
not be affected thereby. You agree that
regardless of any statute or law to the
contrary, any claim or cause of action arising
out of or related to use of the services
or materials provided on this site or to
the this Agreement must be filed within
one (1) year after such claim or cause of
action arose or be forever barred.
9. You agree that Arpil Entertainment,
Inc., in its sole discretion, may terminate
this Agreement and your ability use of the
services and materials provided on the site
for any reason. This Agreement will terminate
immediately without notice from Arpil Entertainment,
Inc., in the sole discretion of Arpil Entertainment,
Inc. if you fail to comply with any term
or provision of this Agreement. Upon termination
of this Agreement, you may no longer use
or otherwise access the services or materials
provided on this site. The provisions of
Sections 1, 2, 4, 5, 6, 8 and 9 shall survive
any termination of this Agreement.
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