c4slive.comC4S Members

C4Slive.com Enter Site Agreement TERMS AND CONDITIONS Sites Covered: www.clips4sale.com, www.images4sale.com, www.c4slive.com, www.videos4sale.com Effective Date: 06/01/2011 Last Modified: 06/01/2011 1. PRELIMINARY PROVISIONS: 1.1. INTRODUCTION - Welcome to Our Website's Agreement (hereinafter "Terms and Conditions" or "Agreement"). The provisions of this Agreement will govern Your use of Our Website(s), and You should therefore take some time to read it carefully. Our Website allows content providers to upload media files for purchase by other members of the Website, and this Agreement governs the terms related to Your Content and Our distribution of it to other Users. We hope that You thoroughly enjoy Our Services, and anticipate that You will find Our Site useful and informative. Should You have any questions or comments regarding Our website, or its policies, please feel free to contact Us at:support@clips4sale.com. 1.2. Additionally, through the use of these Terms and Conditions, We are placing legal conditions on Your use of this Website and making certain promises to You. 1.3. Our first condition is that You must agree to all of the conditions in this Agreement. You do not need to use Our Website, therefore if You do not wish to be bound by each and every provision in this Agreement, then You are not welcome to use this Website and should leave and use another service. 1.4. If You do not understand all of the terms in this Agreement, then You should consult with a lawyer before using the Website. 1.5. This Website is for adults only. If you are under the age of eighteen (18) You are not to use this Website at all. Misrepresentation of your age to gain access to Our Website is considered a breach of this agreement and computer hacking under federal law. If you are under eighteen (18) years of age, STAY OUT! 1.6. Party Definitions and Introductory Terms 1.6.1. "We" or "Us," means the service provider of the above referenced website(s) (hereinafter collectively referred to as "Website" or "Site") and related services, which include allowing Studio Members to upload content to the Site while providing a facility for other Users and Customers to purchase and download such content ("Services"). It should be obvious, but for the sake of legal clarity, when this Agreement uses first-person pronouns such as "Us," "We," "Our," "Ours," etc., those first-person pronouns are referring to the Website. 1.6.2. "You," the User - As a User of this Website, this Agreement will hereinafter refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Website shall be referred to in applicable second-person pronouns. 1.6.3. Visitors v. Customers, Users, and Studio Members - For the purposes of this Agreement, all Customers and Studio Members are Users, but not all Users are Customers or Studio Members. This Agreement applies to all Users whether they are Customers or Studio Members or not. You become a User by accessing this Site in any way, and a "User" refers to Visitors, Customers, and Studio Members collectively. You need not become a Customer or Studio Member of the Site to make this Agreement apply to You. A "Visitor" is someone who merely views Our Site without purchasing content provided by our Studio Members or uploading content for purchase. A "Customer" is someone who views Our Site and has purchased content provided by a Studio Member. A "Studio Member" is someone who has created a Studio via the Site for the purpose of providing content for downloading by other Customers. 1.7. Consideration - Consideration for Your knowing acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Website and Our Services. You agree that such Consideration is both adequate, and that it is received upon Your viewing, accessing or downloading any portion of Our Website. 1.8. Revisions to this Agreement 1.8.1. From time to time, We may revise this Agreement. We reserve the right to do so, and You specifically agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent. 1.8.2. If We change anything in this Agreement, We will change the "Last Modified Date" at the top of this Agreement. The Agreement is located at http://www.clips4sale.com/do/agree, and a link to the Agreement is also at the bottom of the home page of the Site. You agree to periodically re-visit this web page, and to use the "Refresh" button on Your browser when doing so. Upon each visit, You agree to note the date of the last revision to this Agreement. If the "Last Modified Date" remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "Last Modified Date" has changed, then You can be certain that something in the Agreement has been changed, and You agree that You will re-review the Agreement in its entirety and that You will agree to its terms or immediately cease use of any Website applicable to this Agreement. Your continued Use of the Site or Services after any such revision shall be deemed to be Your acceptance of all revisions. 1.8.3. Waiver - if You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended Agreement. We are not responsible for Your neglect of Your legal rights. 1.8.4. Although this User Agreement represents the primary terms and conditions of service for the Site, additional guidelines and rules are hereby incorporated by reference. The documents which can be found on Our Site and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following: Our Privacy Policy http://www.clips4sale.com/do/PrivacyPolicy 2. ACCEPTANCE AND AFFIRMATION: 2.1. You must agree to all of the terms in this Agreement before using the Website or Our Services. If You fail to agree to the terms in this Agreement, You understand that You are an unauthorized user of Our Website and Services, despite any payments made or Services sold to You. No act or omission by Us should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Our Services. However, if You fail to agree to the terms in this Agreement, You stipulate to and agree to pay Us two hundred and fifty dollars ($250) each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including Attorneys' fees and costs, incurred in collecting this unauthorized access fee from You. 2.2. How You can and will demonstrate Your affirmative acceptance of all of the terms in this Agreement: 2.2.1. You manifest Your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked a button containing the words "I agree" or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract; or 2.2.2. If You click any link, button, or other device, provided to You in any p...