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Terms and Conditions of Use, Privacy and other Legal Stuff
1. Welcome! MyCheri.com website is owned and operated by Pace Cyber Ventures and its subsidiaries and affiliates (if any) (collectively “Pace Cyber Ventures” "we," or "us"). My Cheri.com website and products are intended for entertainment purposes only, all products are novelties and have no use or implied use other than for entertainment purposes. Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use. Pace Cyber Ventures maintains this site (the "Site") for your personal information, education, and communication. Lacy Expressions are noveties and for entertainment purposes only. Panties are NOT intended for use as clothing and are not size specific.
All sales are final. We are not responsible for late arrivals to destination.
2. Access To and Use of Site Subject to Terms & Conditions and Applicable Law. Your access to and use of the Site is also subject to the terms and conditions set forth in these Terms of Use and all applicable laws (“Terms of Use”). By accessing and browsing the Site, you accept, without limitation or qualification, these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.
3. You May Download One Copy of The Site For your Non-Commercial Use. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms of Use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Pace Cyber Ventures and/or Pace IT Solution's written permission.
4. Copyrights. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Pace Cyber Ventures. Pace Cyber Ventures neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Pace Cyber Ventures. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website is expressly prohibited without the written consent of Pace Cyber Ventures and any copyright owner from whom we have obtained a license. Requests for such permission should be made to the contact specified below.
5. No Content Warranties . While Pace Cyber Ventures uses reasonable efforts to include accurate and up to date information in the Site, Pace Cyber Ventures makes no warranties or representations as to its accuracy. Pace Cyber Ventures assumes no liability or responsibility for any errors or omissions in the content of the Site.
6. Liability For Damages. Your use of and browsing in the Site are at your risk. Neither Pace Cyber Ventures nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Pace Cyber Ventures also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
7. Communications To The Site. While we are always happy to hear from you, you should be aware any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Pace Cyber Ventures or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Pace Cyber Ventures is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
8. Images May NOT Be Used Without Written Permission. Images of people or places displayed on the Site are either the property of, or used with permission by, Pace Cyber Ventures. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
9. Trademarks, Logos & Service Marks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Pace Cyber Ventures and others. Registered and unregistered Trademarks include, but are not limited to “Pace Cyber Ventures”, “1mediastudio”, “cyberseat.net”, “esunshinestate.com”, “discountlodginginflorida.com, “discounthotelsinflorida.com”, “floridaseniorlife.com”, “design, create, innovate”, and “thinkfla.com”. Nothing contained on the Site should be construed as ranting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Pace Cyber Ventures or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Pace Cyber Ventures will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
10. Links. Pace Cyber Ventures has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. Pace Cyber Ventures has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be responsible for) the contents, accuracy or reliability of any websites hyperlinked to this website.
11. If you want to link to this website , please contact sales@Pacecyberventures.com before creating that link so your site may be previewed. Pace Cyber Ventures expressly forbids the unauthorized use of the Trademarks, or other graphics to create links. Text links are permitted upon approval.
12. Restrictions on Postings or Transmissions. Although Pace Cyber Ventures may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like (if any) on the Site, Pace Cyber Ventures is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Pace Cyber Ventures will fully cooperate with any law enforcement authorities or court order requesting or directing Pace Cyber Ventures to disclose the identity of anyone posting any such information or materials.
13. Confidentiality of Codes, Passwords and Information. You agree to treat as strictly private and confidential any username, user ID, or password which you may have received from Pace Cyber Ventures, and all information to which you have access through password-protected areas of Pace Cyber Ventures websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.
14. Privacy. We do not share personally identifiable information with other entities, apart from those acting as our agents in providing our service(s), and which agree to use it only for that purpose and to keep the information secure and confidential. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.
We may share aggregate information, which is not personally identifiable, with others. This information may include usage and demographic data, but it will not include personal information.
15. ProductWarranty/Disclaimer of Liability YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT Pace CYBER VENTURES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. Our liability to you, if any, shall not exceed the total of the invoice for products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Pace Cyber Ventures. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
16. Indemnity. You agree to indemnify, defend and hold Pace Cyber Ventures and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Indemnified Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. Pace Cyber Ventures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Pace Cyber Ventures and/or Pace IT Solution’s defense of such claim.
17. Materials May Not Be Appropriate For Use In Other Countries. The Sites are controlled and operated by Pace Cyber Ventures from its offices within the State of Florida, United States of America. Pace Cyber Ventures makes no representation that materials in the Sites are appropriate or available for use in other locations and other countries. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. Choice of Law and Jurisdiction. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida , as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Pace Cyber Ventures bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state court in Brevard County, Florida , or federal court in the middle district of Florida, Orlando Division. You expressly consent to the jurisdiction of said courts. You and Pace Cyber Ventures waive any objection based upon lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
19. Miscellaneous. These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Pace Cyber Ventures reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver or any other rights Pace Cyber Ventures may have. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Pace Cyber Ventures The bold headings are intended solely for the convenience of reference and shall not be considered when construing the intent of the Terms and Conditions.
20. Ancillary Computer Equipment and Services. You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
21. Software. Downloading software from the Site does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software. Software from the Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
22. Terms & Conditions Subject To Change Without Prior Notice. Pace Cyber Ventures may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
23. Contact Information. Questions about these Terms and Conditions may be directed to:
Pace Cyber Ventures / Pace IT Solutions
Attention: Office of the Chief Counsel
909 E. New Haven Avenue , Suite 216
Melbourne , Florida 32901
Please note, questions about our products & services should be addressed to our sales or customer service departments. sales@pacecyberventures.com
Last Modified April 02, 2008 |
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