Welcome to All Things Valuable! All Things Valuable, Inc. provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You may view the current version of the TOS at any time at: http://www.allthingsvaluable.com/service_terms.html.
This Web Site Agreement ('Agreement') is by and between All Things Valuable, Inc. ("All Things Valuable"), a North Carolina Corporation, and you, your heirs, assigns agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of All Things Valuable, Inc. Web Site services and represents the entire agreement between You and All Things Valuable, Inc.. By using All Things Valuable, Inc. Web services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which All Things Valuable, Inc. may establish from time to time.
As consideration for the services purchased by You and provided to You by All Things Valuable, Inc., You agree to pay All Things Valuable, Inc. an annual fee for the service You choose. Your billing date will be determined based on the day of the month You establish Your Web Service relationship with All Things Valuable, Inc. Payment is to be made by You providing a valid credit card for charge by All Things Valuable, Inc., and is non-refundable. If for any reason All Things Valuable, Inc. is unable to charge your credit card with the full amount of the service provided, or if All Things Valuable, Inc. is charged back for any fee it previously charged to the credit card You provided, You agree that All Things Valuable, Inc. may pursue all available remedies in order to obtain payment.
The term of this agreement shall continue in full force and effect as long as All Things Valuable, Inc. is providing Web services to You.
You agree that All Things Valuable, Inc. may modify this Agreement from time to time. All Things Valuable, Inc. may also discontinue services it provides under this Agreement. You agree to be bound by any changes All Things Valuable, Inc. may reasonably make to this Agreement when such changes become effective.
All Things Valuable, Inc. currently provides Web services to its customers for an annual fee. All Things Valuable, Inc. will provide our services, provided, however, You abide by the terms and conditions set forth herein and in each of All Things Valuable, Inc. policies and procedures.
You are responsible for ensuring that Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by All Things Valuable, Inc.
All Things Valuable, Inc. currently provides users the ability to store photos/videos to their own site through its services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new All Things Valuable, Inc. properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that All Things Valuable, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings.
You agree that You have provided accurate, current and complete information in the application process and that You will notify All Things Valuable, Inc. within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by All Things Valuable, Inc. to determine the validity of information provided by You, will constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if All Things Valuable, Inc. has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, All Things Valuable, Inc. has the absolute right, in its sole discretion, to terminate its services and close Your account.
You warrant that each application You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant that All Things Valuable, Inc. services will not be used in connection with any illegal activity.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not All Things Valuable, Inc., are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. All Things Valuable, Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will All Things Valuable, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that All Things Valuable, Inc. does not pre-screen Content, but that All Things Valuable, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, All Things Valuable, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by All Things Valuable, Inc.
All Things Valuable, Inc. explicitly reserves the right and sole discretion to: a. Censor any website hosted on its Web Hosting servers that, in All Things Valuable, Inc. sole discretion, is deemed inappropriate; b. Review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification or at the website; d. Terminate Your service for illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of fees; and other activities whether lawful or unlawful that All Things Valuable, Inc. determines to be harmful to its other customers, operations, or reputation; e. Terminate Your service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against All Things Valuable, Inc. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
You agree to indemnify and hold harmless All Things Valuable, Inc. for any complications arising out of Your use of All Things Valuable, Inc. services, including actions All Things Valuable, Inc. chooses to take to remedy Your improper or illegal use of services at All Things Valuable, Inc.. You agree You will not be entitled to a refund of any fees paid to All Things Valuable, Inc. if, for any reason, All Things Valuable, Inc. takes corrective action with respect to Your improper or illegal use of its services.
You agree that if a dispute arises as a result of any services All Things Valuable, Inc. is providing for You, You will indemnify, defend and hold All Things Valuable, Inc. harmless for damages arising out of such dispute. You also agree that if All Things Valuable, Inc. is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a service by All Things Valuable, Inc., that All Things Valuable, Inc., in its sole discretion, may take whatever action All Things Valuable, Inc. deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled
You agree that All Things Valuable, Inc. entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by All Things Valuable, Inc. to You under this Agreement, and for any breach of this Agreement by All Things Valuable, Inc., shall be limited to the fees You paid to All Things Valuable, Inc. for services.
You agree to release, defend, indemnify and hold harmless All Things Valuable, Inc. and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with All Things Valuable, Inc. and/or Your use of the services provided by All Things Valuable, Inc.
All Things Valuable, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF NORTH CAROLINA. THE LAWS AND JUDICIAL DECISIONS OF HAYWOOD COUNTY, NORTH CAROLINA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF HAYWOOD COUNTY, NORTH CAROLINA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
Registration Data and certain other information about you is subject to our Privacy Policy. In short, we do not share your information without a court order. For more information, see our full privacy policy at http://allthingsvaluable.com/privacy.html.
You will receive a password and a user name upon completing the Service's registration process. You are responsible for maintaining the confidentiality of this information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify All Things Valuable, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. All Things Valuable, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You are entitled to the amount of space specified under your agreement with All Things Valuable, Inc. For storage beyond this amount, contact All Things Valuable, Inc. We will be happy to work with you to provide increased storage.
All Things Valuable, Inc. reserves the right to place advertising on the web sites that it hosts. Any revenue accruing from such advertising shall be the sole property of All Things Valuable, Inc.
You agree that all notices (except for notices concerning breach of this Agreement) from All Things Valuable, Inc. to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with All Things Valuable, Inc. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to All Things Valuable, Inc. shall be sent to an address we provide on our web site or by email to: info@allthingsvaluable.com.