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Legal Disclaimer Please read through these Terms carefully. By accessing the Agogus web site at Agogus.com ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with Agogus ("Agogus") and to have agreed to be bound by the terms set out below. The Site is owned and operated by Armelle Productions. 1. Intellectual Property Protection 2. Use of Agogus Content 3. License Fee Payment and Transactions 4. Term and Termination 5. Changes to the Site 6. Registration, Passwords and Responsibilities 7. Privacy Policy 8. Community Forums 9. Medical Disclaimer 10. No Warranty, Disclaimer of Liability and Indemnity 11. Force Majeure 12. Miscellaneous 13. Governing Law and Jurisdiction These terms were last updated on October 03, 2006. 1. Intellectual Property Protection The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Agogus Content"), are copyright of Agogus and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Agogus" name and logo or other trade names appearing on the Site) for any reason without written permission from Agogus. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software. 2. Use of Agogus Content You may retrieve and display the Agogus Content on a computer screen or (if expressly authorized) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Agogus: i. reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Agogus Content, orAny use of the Agogus Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Agogus, c/o Armelle Productions LLC, 3145 Geary Blvd., #522, San Francisco, CA 94118, or e-mailed to legal@agogus.com, and may be subject to a fee. 3. License Fee, Payment, and Transactions Access to certain Agogus Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in U.S. Dollars or other currency specified by Agogus. You are responsible for the payment of all charges associated with the use of the Site using your I.D. You may use the Site to purchase products or services from Agogus' third party partners. In that event, your contract for such products will be with the third party partner and not with Agogus. Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of Agogus. 4. Term and Termination Agogus may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Agogus Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Agogus provided in these Terms or by law. 5. Changes to the Site Agogus reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Agogus Content available on the Site at any time and to restrict the use and accessibility of the Site. 6. Registration, Passwords and Responsibilities Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Agogus Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Agogus if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the Agogus Content or the Site. You will provide Agogus with accurate, complete registration information (including in particular your e-mail address) and inform Agogus of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Agogus reserves the right to monitor and record activity on the Site, including access to the Agogus Content. Each registration is for a single user only. You may not share your user name and password with any other person. Agogus does not permit access through a single name and password being made available to multiple users on a network. Agogus may cancel or suspend your access to the Site if you do this without further obligation to you. 7. Privacy Policy The information that you provide about yourself to Agogus will only be used in accordance with The Agogus' Privacy Policy. 8. Community Forums The Site may include bulletin boards, discussion groups and other public areas that allow feedback to Agogus and interaction between users and Agogus representatives ("Forums"). While Agogus does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums. You are solely responsible for the content of your Messages. You must comply with any rules posted by Agogus on a Forum. You may not: • post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";By submitting Messages to any Forum you agree to indemnify and hold harmless Agogus from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 8. The Forums contain Messages submitted by users over whom Agogus has no control. Agogus cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions. By submitting Message to a Forum you are granting Agogus perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Agogus reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit. It is not possible for Agogus to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Agogus immediately by e-mail at legal@agogus.com. 9. Medical Disclaimer We are not qualified to offer medical advice. This section of Terms of Use contains information we have collected from several sources. For authoritative information, please consult your physician. Our exercises and features have been designed for recreational purposes as preventive tools only. No medical claims are made for these exercises, express or implied. They are not medical devices and should not be used for the treatment of any medical condition. Please consult your physician for any use other than recreational, insofar as the exercises are not intended as a replacement for medical or psychological treatment. If you, or anyone else who will use these exercises, are subject to any form of seizures, epilepsy or visual photosensitivity, are using a pacemaker, suffering cardiac arrhythmia or other heart disorders, currently taking stimulants, tranquilizers or psychotropic medications, specifically including illicit drugs, please consult your physician before using our exercises. In addition, even if you have never had a seizure, there is a small chance that you may have a condition called photosensitive epilepsy, and exposure to flashing lights may cause a seizure. Approximately one person in 4,000 is subject to photosensitive epilepsy. Approximately 76% of such individuals have a seizure during their teenage years, usually from watching television. In addition, the majority of individuals who experience this condition as children outgrow it by age 25. As a result, persons in the adult population who have never had a seizure have about 1 chance in 25,000 of being photosensitive. If you are not willing to accept this risk, please do not use this Site. If you experience lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness while using this or any other website, stop whatever you are doing and consult your physician immediately. 10. No Warranty, Disclaimer of Liability and Indemnity Whilst every effort has been made to ensure the high quality and accuracy of the Site, Agogus makes no warranty, express or implied concerning the Agogus Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is." Agogus expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Agogus, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Agogus has been advised of the possibility that such damages may arise. In no event will any liability of Agogus, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Agogus exceed the amount, if any, paid by you to Agogus in respect of the particular Site Service to which the claim relates. Upon Agogus' request, you agree to defend, indemnify and hold harmless Agogus from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services. 11. Force Majeure Agogus, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Agogus Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions. 12. Miscellaneous Changes to these Terms. Agogus may, in its discretion, change these Terms (including those relating to your use of Site and/or the Agogus Content). When Terms are changed, Agogus will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Agogus has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain the Agogus Content may be subject to additional terms and conditions. Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Agogus is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Agogus is not responsible for the availability of these web sites or their contents. Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Agogus. Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right. Notices. Notices to Agogus must be given in writing by letter and sent to Agogus, c/o Armelle Productions LLC, 3145 Geary Blvd., # 522, San Francisco, CA 94118, or e-mailed to legal@agogus.com. Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in the State of California, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void. Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply. Headings. Headings in these Terms are for convenience only and have no legal meaning or effect. 13. Governing Law and Jurisdiction These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Agogus. |
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