This site (Allamericanguys.com)
is operated by Z Productions Inc. of Florida ("ZPRO").
This site is intended for your personal information, education
and communication. Please feel free to browse the Site;
however, your access and use of the Site is subject to
the following terms of service ("Terms of Service") and
all applicable laws. By accessing and browsing the Site,
you accept, without limitation or qualification, the Terms
of Service. If you do not agree with all of the following
Terms of Service, please do not use this Site. Z Productions
reserves the right, at its sole discretion, to change,
modify or otherwise alter these terms and conditions at
any time. Changes and/or modifications shall become effective
immediately upon the posting. Please review these Terms
of Service periodically. Your continued use of the Site
following the posting of changes and/or modifications
will constitute your acceptance of these Terms of Service.
TERMS
OF SERVICE
RESTRICTIONS
ON USE OF MATERIALS
All
materials contained in any ZPRO Site are the copyrighted
property of Z Productions, Inc., or its subsidiaries or
affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary
to Z Productions, Inc., or its affiliates. No material
from any ZPRO Site or any Internet site owned, operated,
licensed, or controlled by us or our affiliates may be
copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download
one copy of the materials on any single computer for your
personal, noncommercial home use only, provided that (i)
you keep intact all copyright and other proprietary notices,
(ii) you make no modifications to the materials, (iii)
you do not use the materials in a manner that suggests
an association with any of our products, services, or
brands, and (iv) you do not download quantities of materials
to a database that can be used to avoid future downloads
from any ZPRO Site.
For
purposes of these terms, the use of any such material
on any other Web site or computer environment is prohibited.
All trademarks, service marks, trade names, and trade
dress are proprietary to us. In the event you download
software from any ZPRO Site, the software, including any
files, images incorporated in or generated by the software,
and data accompanying the software (collectively, the
"Software") are licensed to you by us or third-party licensors
for your personal, noncommercial home use only. We do
not transfer title to the Software to you. You own the
medium on which the Software is recorded, but we (or third-party
licensors) retain full and complete title to the Software
and all intellectual property rights therein. You may
not redistribute, sell, de-compile, reverse engineer,
disassemble, or otherwise reduce the Software to a human-readable
form.
DISCLAIMER
THE
MATERIALS IN THIS ZPRO SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY ZPRO
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT ANY ZPRO SITE OR THE SERVERS
THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF
THE USE OF THE MATERIALS ON ANY ZPRO SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU 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.
We
explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites
that link to or from any ZPRO Site. We cannot ensure that
you will be satisfied with any products or services that
you purchase from a third-party site that links to or
from any ZPRO Site or third-party content on our sites.
We do not endorse any of the merchandise, nor have we
taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party
sites or content. We do not make any representations or
warranties as to the security of any information (including,
without limitation, credit card and other personal information)
you might be requested to give any third-party, and you
hereby irrevocably waive any claim against us with respect
to such sites and third-party content. We strongly encourage
you to make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline
transaction with any of these third parties.
SUBSCRIPTION
ACCOUNT & BILLING
Some
services offered on ZPRO Sites are subscription-based
services, such as Allamericanguys.com, operated by ZPRO
or other third-parties. If you open a subscription- based
account with any of our sites, you hereby agree to pay
all charges to your account, including applicable taxes,
in accordance with billing terms in effect at the time
the fee or charge becomes payable. We reserve the right
to change the amount of, or basis for determining, any
fees or charges for services we provide, and to institute
new fees, charges, or terms effective upon prior notice
to customers. We reserve the right to terminate any account
at any time for any reason. ZPRO agrees that it will terminate
Customer's account upon notice from Customer.
On
some ZPRO Sites, your Subscription will be automatically
renewed and your credit card account or bank account or
telephone bill will be charged as per the terms of that
site. Customer's right to use the Service is subject to
any limits established by ZPRO or by Customer's credit
card or bank issuer. If payment cannot be charged to Customer's
credit card, bank account or Customer's charge is returned
for any reason, including chargeback, ZPRO reserves the
right to either suspend or terminate Customer's access
and account. If Customer has reason to believe that Customer's
account is no longer secure (for example, in the event
of a loss, theft or unauthorized disclosure or use of
Customer's ID, password, or any credit, debit or charge
card number stored) notify ZPRO of the problem to avoid
possible liability for any unauthorized charges to Customer's
account.
Fees
for the first month's subscription are not refundable,
unless the account holder is not able to access the site
and notifies ZPRO within 48 hours of creating the account.
You
agree that you will not disclose your membership username
and password to any individual or group. They are strictly
for your use. Any violation of your password will result
in the immediate cancellation of your membership.
INDEMNIFICATION
You
are entirely responsible for maintaining the confidentiality
of your Account info and/or Password and for all activities
that occur under your account. You hereby indemnify, defend,
and hold us and our affiliates and our officers, directors,
owners, agents, information providers, affiliates, licensors,
and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and
costs (including reasonable attorneys' fees') incurred
by the Indemnified Parties in connection with any claim
arising out of any breach by you of this Agreement or
claims arising from your account. You shall use your best
efforts to cooperate with us in the defense of any claim.
We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you.
ONLINE
FORUMS, BULLETIN BOARDS, CHATROOMS, POSTINGS
This
ZPRO Site may include bulletin boards, chat rooms and
other areas where users can post and/or exchange information,
ideas, opinions, photographs, images, videos, creative
works or any other materials (collectively "Bulletin Boards").
ZPRO does not control the material delivered to Bulletin
Boards, and ZPRO has no obligation to monitor such Bulletin
Boards. The messages do not necessarily reflect the views
of ZPRO.
In
no event shall ZPRO assume or have any responsibility
or liability for any materials posted on Bulletin Boards
or for any claims, damages or losses resulting from their
use and/or appearance on this Site. ZPRO reserves the
right at all times to disclose any information (including
the identity of the persons providing information or materials
on its Bulletin Boards) as necessary to satisfy any law,
regulation or governmental request.
In
addition, ZPRO reserves the right to edit, refuse to post
or to remove any information or materials, in whole or
in part, that in ZPRO's sole discretion are objectionable
or in violation of these Terms of Service.
By
posting messages, uploading files, inputting data, or
engaging in any other form of communication through this
service, you are granting ZPRO a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to: Use,
copy, sublicense, adapt, transmit, publicly perform or
display any such communication Sublicense to third parties
the unrestricted right to exercise any of the foregoing
rights granted with respect to the communication.
The
foregoing grants shall include the right to exploit any
proprietary rights in such communication, including but
not limited to rights under copyright, trademark, servicemark
or patent laws under any relevant jurisdiction.
LIMITATION
OF LIABILITY
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, ANY ZPRO SITE OR MATERIALS
OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE 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 OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING ANY ZPRO SITE.
TERMINATION
These
terms are effective until terminated by either party.
You may terminate these terms at any time by discontinuing
use of all ZPRO Sites and destroying all materials obtained
from any and all such sites and all related documentation
and all copies and installations thereof, whether made
under these terms or otherwise. Your access to any and
all ZPRO Sites may be terminated immediately without notice
from us if in our sole discretion you fail to comply with
any term or provision of these terms. Upon termination,
you must cease use of the ZPRO Site and destroy all materials
obtained from such site and all copies thereof, whether
made under these terms or otherwise.
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