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WWW.PAIKAY.COM WEBSITE AND MEMBERSHIP TERMS AND
CONDITIONS
The following Terms
and Conditions govern your use and access to the www.paikay.com, Inc.,
(“Wallsbergs Entertainment”) Network of websites, which currently
includes but is not limited to: WhitePaikay.com
(collectively, the “Sites” or individually, a “Site”).
IMPORTANT! These Terms and Conditions also govern your membership to a
Site (or Sites) if you become a member. By accessing, using, printing,
installing, or downloading any material from any of the Sites, or
becoming a member to any one of the Sites, you agree to be bound by
these Terms and Conditions. These Terms and Conditions are subject to
change by the Sites at any time in its discretion. Your use of this Site
after such changes are implemented constitutes your acknowledgment and
acceptance of the changes. If you do not agree to be bound by these
Terms and Conditions, you may not enter any of the Sites, you must exit
the Site immediately and you may not use or access any of the Sites or
print or download any materials from them. You may use and access the
Sites only in accordance with these Terms and Conditions. Please consult
these Terms and Conditions regularly and read them carefully before
using the Sites. You affirm that you have read this Agreement and
understand, agree and consent to its Terms and Conditions.
You
are solely responsible for obtaining access to the Sites and that access
may involve third party fees (such as Internet service provider or
airtime charges). You are responsible for those fees, including those
fees associated with the display or delivery of advertisements. In
addition, you must provide and are responsible for all equipment
necessary to access the Sites.
I. Adult Entertainment
The Sites offer online entertainment services that may be deemed adult
in nature and which may contain graphic depictions, nudity, adult
language, and descriptions of explicit sexual activity. You acknowledge
that you are aware of the nature of the content provided by these Sites,
that you are not offended by such content and that you access the Sites
freely, voluntarily and willingly.
II. Age of Majority
You represent and warrant you are at least 18 or 21 years of age,
depending on the age of majority in your jurisdiction, and that you have
the legal capacity to enter into this agreement. If you are not at least
18 or 21 years of age, depending on the age of majority in your
jurisdiction, you must exit the Sites immediately and may not use or
access the Sites or print or download any materials or purchase any
materials (as defined below) from them.
III. No Child Pornography
You understand that all models appearing on the Sites are, and were at
the time of all recorded images, at least 18 years of age, and that the
Sites contain no child pornography. We take a strong and definite stand
against child pornography and only publish images of consenting adults
for consenting adults. If you see any images, real or simulated,
depicting minors engaged in sexual activity within the Sites, please
report to wallsberginc@gmail.com. Include with your report any
appropriate evidence, including the date and time. All reports will
immediately be investigated and the appropriate action will be taken. We
enthusiastically cooperate with any law-enforcement agency investigating
child pornography. If you suspect other outside websites are
participating in unlawful activities involving minors, please report
them to www.asacp.org.
IV. Protected Speech
You further acknowledge that the Sites contain only images protected by
the First Amendment to the United States Constitution. If you are
seeking obscenity or child pornography, please leave this Site
immediately.
V. Trademark Information
Paikay.com, PAIKAY are service marks of Wallsberg Entertainment, Inc.,
(“PAIKAY”) in the United States. All rights are reserved. Other
manufacturers’ product and service names referenced herein may be
trademarks and service marks of their respective companies and are the
exclusive property of such respective owners. Wallsberg Entertainment’
marks may not be used publicly except with express written permission
from Wallsberg, and may not be used in any manner that is likely to
cause confusion among consumers, or in any manner that disparages or
discredits Wallsberg Entertainment.
VI. Copyright
The material and content accessible from the Sites, and any other World
Wide Web site owned, operated, licensed, or controlled by Wallsberg
Entertainment (collectively, “Materials”) is the proprietary information
and valuable intellectual property of Wallsberg Entertainment or the
party that provided the Materials to Wallsberg Entertainment, and
Paikays or the party that provided the Materials to Wallsberg inc
retains all right, title, and interest in the Materials. Accordingly,
the Materials may not be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior written consent of
Wallsberg inc, except that you may print out a copy of the Materials
solely for your personal use. In doing so, you may not remove or alter,
or cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on any
of the Materials. Modification or use of the Content except as expressly
provided in these Terms and Conditions violates Paikays’ intellectual
property rights. Neither title nor intellectual property rights are
transferred to you by access to the Sites. All content included on the
Sites, such as text, graphics, photographs, video and audio clips,
music, soundtracks, button icons, streaming data, animation, images,
downloadable materials, data compilations and software is the property
of Wallsberg Entertainment or its content suppliers and is protected by
United States and international copyright laws. The compilation of all
content on each Site is the exclusive property of Paikay or its content
suppliers and protected by United States and international copyright
laws, as well as other laws and regulations.
VII. Access to Sites
To access the Sites or some of the resources they have to offer, you may
be asked to provide certain registration details or other information.
It is a condition of your use of these Sites that all information you
provide will be correct, current, and complete. If Paikay believes the
information you provide is not correct, current, or complete, Paikay has
the right to refuse you access to these Sites or any of its resources,
and to terminate or suspend your access at any time. Subject to these
Terms and Conditions and in consideration of your becoming a member to a
Site, Wallsberg Entertainmenthereby grants you a limited, nonexclusive,
nontransferable personal license to access the Sites and the Materials
contained therein. Subject to Section IX (F), provided that you are a
member in good standing to a Site, you may cache the Materials onto a
single computer for your personal, non-commercial internal use only. All
Materials on the Sites shall be for private use only, and all other uses
are strictly prohibited. You agree to prevent any unauthorized copying
of any of the Sites, or any of the Materials contained therein. Any
unauthorized use of a Site or any of the Materials contained therein
terminates this limited license effective immediately. This is a license
to use and access a Site for its intended purpose and is not a transfer
of title. Violators of this limited license may be prosecuted to the
fullest extent under law.
VIII. Restrictions on Use of Sites
You may use the Sites for purposes expressly permitted by the Sites. You
may not use the Sites for any other purpose, including any commercial
purpose, without Wallberg Entertainment’ express prior written consent.
Without the express prior written authorization of Wallsberg
Entertainment, you may not: (a) duplicate a Site or any of the Materials
contained therein (except as expressly provided above in Section VII);
(b) create derivative works based on a Site or any of the Materials
contained therein; (c) use the Sites or any of the Materials contained
therein for any commercial purpose, or for any public display, public
performance, sale or rental; (d) distribute the Sites or any of the
Materials contained therein; (e) remove any copyright or other
proprietary notices from the Site or any of the Materials contained
therein; (f) frame or utilize any framing techniques in connection with
the Sites or any of the Materials contained therein; (g) use any
meta-tags or any other “hidden text” using Wallsberg’ name or marks; (h)
“deep-link” to any page of any of the Sites (including the homepage);
(i) circumvent any encryption or other security tools used anywhere on
the Sites (including the theft of user names and passwords or using
another person’s user name and password in order to gain access to a
restricted area of any of the Sites); (j) use any data mining, robots or
similar data gathering and extraction tools on the Sites; (k) decompile,
reverse engineer, modify or disassemble any of the software aspect of
the Materials except and only to the extent permitted by applicable law;
(l) sell, rent, lease, license, sublicense, transfer, distribute,
re-transmit, time-share, use as a service bureau or otherwise assign to
any third party the Materials or any of your rights to access and use
the Materials as granted in Section VII above; or (m) bookmark any page
of any Site beyond the membership log-in screen. You agree to cooperate
with Wallsberg Entertainment in causing any unauthorized use to cease
immediately. At any time, if the Sites provide a service enabling users
to share information or communicate with other users, you hereby agree
not to publish, disseminate or submit any defamatory, offensive or
illegal material while using the Sites or other services included on the
Sites. You are solely responsible for submitting any material that
violates any United States or International laws even if a claim arises
after your service is terminated, and, by doing so, your actions shall
constitute a material breach of this Agreement and the Sites shall
terminate all your rights under this Agreement. If users are allowed to
share information and communicate with other users, you agree that all
materials you submit will be accessible to other users and will not be
secure or private. You hereby agree that you have been noticed that all
communications submitted to the Sites can be accessed by agents,
operators, and other users, regardless if they are the intended
recipients of the messages.
IX. Membership
A. Registration
You are responsible for providing all equipment and the computer
necessary to access the Sites. You may access the non-public portion of
any Site only by being a member in good standing to that Site. You may
become a member of a Site by completing an online registration form.
Upon submission of the online registration form, Wallsberg Entertainment
or Paikay.com or its authorized agent will process the application. In
connection with completing the online registration form, you agree to:
(a) provide true, accurate, current and complete information about
yourself as prompted by the registration form (such information being
the “Registration Data”) and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete at all
times while you are a member. You must promptly inform Wallsberg
Entertainment of all changes, including, but not limited to, changes in
your address and changes in your credit card used in connection with
billing for the Sites. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Wallsberg Entertainment or any
of its authorized agents have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Wallsberg
Entertainment has the right to suspend or terminate your account and
refuse any and all current or future use of the Site or Sites.
B. Member Account, Password and Security
As part of the registration process, you will select a unique user name
and password which you must provide in order to gain access to the
non-public portion of a Site. You represent and warrant that you will
not disclose to any other person your unique user name and password and
that you will not provide access to any Site to anyone who is below the
age of majority in your state. You are solely responsible for
maintaining the confidentiality of your user name and password and are
fully responsible for all activities that occur under your user name and
password. Wallsberg Entertainmentwill not release your password for
security reasons. You agree to (a) immediately notify Wallsberg
Entertainment of any unauthorized use of your user name and password or
any other breach of security, and (b) ensure that you exit from your
account at the end of each session. You are liable and responsible for
any unauthorized use of the Sites until you notify Wallsberg
Entertainment by email regarding that unauthorized use. Unauthorized
access to the Sites is illegal and a breach of this Agreement. You may
obtain access to your billing records regarding charges of your use of
the Sites upon request.
C. Fees
You agree to pay all membership fees when due according to the billing
terms. Wallsberg Entertainment posts the current membership fees for
each Site as part of the registration process. Paikay.com reserves the
right to change any Site’s membership fees at any time, with or without
prior notice to you. At the time of registration, you must select a
payment method. www.paikay.com reserves the right to contract with a
third party to process all payments. Such third party may impose
additional terms and conditions governing payment processing. Your
account will be deemed past due if it is not paid in full by the payment
due date. If your account becomes past due, you agree to pay interest on
the past due amount at a monthly rate of 1.5%, or the highest amount
allowed by law, whichever is lower, compounded daily, plus any
additional collection costs, credits, charge backs and attorney’s fees.
Your card issuer agreement may contain additional terms with respect to
your rights and liabilities as a card holder. You are responsible for
reimbursing Wallsberg Entertainment for all credit card charge backs,
dishonored checks and any related charges. You authorize Wallsberg
Entertainment and its agents to make payments for the services provided
to you through the Sites by automatic check debit and credit card on
your behalf. You hereby agree not to falsely report the credit card or
check card lost or stolen, without good reason that it is lost or
stolen, that you have used for payment of Wallsberg Entertainment goods
or services, including subscriptions. Such fraudulent reporting to avoid
payment for goods or services that you or anyone under your authority
has made to Walllsberg Entertainment or the Sites when you have an
outstanding charge to Wallsberg Entertainmentshall make you liable to
Wallsberg Entertainment for $25,000 in liquidated damages. This
liability for liquidated damages is in addition to any other liability
you may incur for breaches of any other Terms and Conditions in this
Agreement.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us
immediately of such error. If we do not hear from you within thirty (30)
days after such billing error first appears on any account statement,
such fee will be deemed acceptable by you for all purposes, including
resolution of inquiries made by your credit card issuer.
E. Refund Policy
paikay.com does not provide cash refunds. We do, however, grant credits
in the form of free monthly memberships to resolve customer service
issues. The billing system used by paikay.com or our authorized agents
provides extensive credit card fraud protection measures and our Sites
include many features to protect users from accidental charges.
Therefore, refunds to your credit card will be provided only under the
rarest of circumstances such as persistent technical problems
originating with our equipment.
F. Download Limit
As a member in good standing, you may download up to 500MB (500,000,000
bytes) of data each day. Upon reaching this limit, you may be denied
access to download any additional data until the beginning of the next
day.
X. Termination
You may cancel your membership at any time through the third party who
is processing your fees. Links to these third party processors are
located in the customer service area within the non-public portion of
the website. Otherwise you may cancel your membership by providing: (a)
our customer service department with a notice of your intent to cancel
the membership at least 48 hours before the renewal date along with your
user name and password; and (b) any outstanding fees owed for your
membership. You hereby agree to be personally liable for any and all
charges made by you for goods or services through your use of the Sites.
This Agreement’s provisions shall survive its termination, unless
otherwise stated. Upon our processing of your request to cancel your
membership, you will no longer have access to the non-public areas of
the Site or Sites to which you were a member.
Wallsberg Entertainment may terminate your access to a Site at any time,
with or without advance notice, if: (a) paikay.com believes that you
have breached any material term of these Terms and Conditions, (b) if
you fail to pay any amount due by the payment due date; or (c) paikay..com
decides to cease operations or to otherwise discontinue any of the
Sites. Further, you agree that neither paikay.com nor any third party
acting on our behalf shall be liable to you for any termination of your
membership or access to any of the Sites. You agree that if your account
is terminated by Wallsberg Entertainment, you will not attempt to
re-register as a member without prior written consent from Wallsberg
Entertainment.
XI. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS
CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL
MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, OR NON-INFRINGEMENT. WALLSBERG ENTERTAINMENTMAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED
THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
Wallsberg Entertainment MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR
ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT WALLSBERG
ENTERTAINMENTS CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES
AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR
DESTRUCTIVE PROPERTIES. WALLSBERG ENTERTAINMENT DOES NOT ASSUME ANY
RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. WALLSBERG
ENTERTAINMENT MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO
THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR
PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
XII. Limitation of Liability
IN NO EVENT SHALL WALLBERG ENTERTAINMENT (OR ITS LICENSORS, AGENTS,
SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR
SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR
INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN,
EVEN IF Wallsberg Entertainment HAS BEEN ADVISED OF THE PROBABILITY OF
SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS
AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF WALLSBERG ENTERTAINMENTHAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WALLSBERG
ENTERTAINMENT’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT
DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR
SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE
APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
XIII. Indemnity
You agree to defend, indemnify, and hold harmless WALLSBERG
ENTERTIANMENT, its officers, directors, shareholders, employees,
independent contractors and agents, from and against any and all claims,
actions, liabilities, costs, or demands, including without limitation
legal and accounting fees, for all damages directly, indirectly, and/or
consequentially resulting or allegedly resulting from your, or you under
another person’s authority including without limitation to use, misuse,
or inability to use the Sites or any of the Materials contained therein,
or your breach of any of these Terms and Conditions. Wallsberg
Entertainment Wallsberg Entertainmentshall promptly notify you by
electronic mail of any such claim or suit, and cooperate fully (at your
expense) in the defense of such claim or suit. Wallsberg Entertainment
may participate in the defense of such claim or defense at its own
expense, and choose its own legal counsel, but is not obligated to do
so.
XIV. Links
Some web sites which are linked to the Sites are owned and operated by
third parties. Because Paikay.com has no control over such sites and
resources, you acknowledge and agree that Wallsberg Entertainment is not
responsible for the availability of such external sites or resources,
and does not screen or endorse them, and is not responsible or liable
for any content, advertising, services, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that Wallsberg Entertainment shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such
third-party content, goods or services available on or through any such
site or resource. If you decide to access any such third party sites,
you do so entirely at your own risk and subject to any terms and
conditions and privacy policies posted therein.
XV. Notice of Claimed Infringement
Wallsberg Entertainment respects the intellectual property of others,
and we ask our users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please
provide Wallsberg Entertainment’ Copyright Agent the following
information:
(a) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property
interest;
(b) description of the copyrighted work or other intellectual property
that you claim has been infringed;
(c) a description of where the material that you claim is infringing is
located on a Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law; and
(f) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
Weston, Garrou & DeWitt
Attn.: Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone:(407)389-4529
Fax: (407)774-6151
Larry@LawrenceWalters.com.
Please do not sent other inquires or information to our Designated
Agent.
XVI. Notice and Takedown Procedures
Wallsberg Entertainment reserves the right at any time to implement a
“notice and takedown” procedure upon receipt of any notification of
claimed infringement. Wallsberg Entertainment Wallsberg
Entertainmentreserves the right at any time to disable access to, or
remove any material or activity accessible on or from any Site or any
Materials claimed to be infringing or based on facts or circumstances
from which infringing activity is apparent.
XVII. Export Control
You understand and acknowledge that the software elements of the
Materials on the Sites may be subject to regulation by agencies of the
U.S. Government, including the U.S. Department of Commerce, which
prohibits export or diversion of software to certain countries and third
parties. Diversion of such Materials contrary to U.S. law is prohibited.
You will not assist or participate in any such diversion or other
violation of applicable U.S. laws and regulations. You warrant that you
will not license or otherwise permit anyone not approved to receive
controlled commodities under applicable U.S. laws and regulations and
that you will abide by such laws and regulations. You agree that none of
the Materials is being or will be acquired for, shipped, transferred, or
re-exported, directly or indirectly, to proscribed or embargoed
countries or their nationals or be used for proscribed activities.
XVIII. Force Majeure
Wallsberg Entertainment shall not be responsible for any failure to
perform due to unforeseen circumstances or to causes beyond our
reasonable control, including but not limited to: acts of God, such as
fire, flood, earthquakes, hurricanes, tropical storms or other natural
disasters; war, riot, arson, embargoes, acts of civil or military
authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor or materials; failure of
the telecommunications or information services infrastructure; hacking,
SPAM, or any failure of a computer, server or software, including Y2K
errors or omissions, for so long as such event continues to
delayWallsberg Entertainment’ performance.
XIX. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise
relating to these Terms and Conditions shall be governed by the laws of
the State of Florida, excluding its conflict of law provisions. The
parties agree that the United Nations Convention on Contracts for the
International Sale of Goods is specifically excluded from application to
these Terms and Conditions. The parties hereby submit to the personal
jurisdiction of the state and federal courts of the State of Florida.
Exclusive venue for any litigation or arbitration permitted under this
Agreement shall be with the state and federal courts located in Seminole
County, Florida.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to
provide an aggrieved party with full compensation in the event of the
other party’s breach, and that an aggrieved party shall therefore be
entitled to seek injunctive relief in the event of any such breach, in
addition to seeking all other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the parties arising out of or otherwise
relating to these Terms and Conditions, the parties shall meet and
negotiate in good faith to attempt to resolve the dispute. Arbitral
Claims shall include, but are not limited to, contract and tort claims
of all kinds, and all claims based on any federal, state or local law,
statute, or regulation, excepting only claims under applicable worker’s
compensation law and unemployment insurance claims. If the parties are
unable to resolve the dispute through direct negotiations, then, except
as otherwise provided herein, either party may submit the issue to
binding arbitration in accordance with the then-existing Commercial
Arbitration Rules of the American Arbitration Association. The
arbitration shall be conducted in Seminole County, Florida, and
conducted by a single arbitrator, knowledgeable in Internet and
e-Commerce. The party bringing the action shall be responsible for
paying all costs for arbitration, including the arbitrator’s fees. Each
party shall bear its own attorneys’ fees (except if the matter is for
the collection of a debt owed in which case the prevailing party shall
be awarded its attorneys fees, all arbitration costs and the arbitrator
fees (if applicable), in addition to all other applicable remedies). The
arbitrator shall have no authority to award any punitive or exemplary
damages; certify a class action; add any parties; vary or ignore the
provisions of these Terms and Conditions; and shall be bound by
governing and applicable law. The arbitrator shall render a written
opinion setting forth all material facts and the basis of his or her
decision within thirty (30) days of the conclusion of the arbitration
proceeding. This Section shall not apply to any breach (or any
allegation which if true would constitute a breach) of any matter
relating to intellectual property. THE PARTIES HEREBY WAIVE ANY RIGHTS
THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind and inure to
the benefit of their respective assignees, successors, executors, and
administrators, as the case may be. Neither these Terms and Conditions
nor any rights granted hereunder may be sold, leased, assigned or
otherwise transferred, in whole or in part by you.
E. Severability
If for any reason a court of competent jurisdiction or an arbitrator
finds any provision of these Terms and Conditions, or any portion
thereof, to be unenforceable, that provision will be enforced to the
maximum extent permissible and the remainder of these Terms and
Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event of any litigation arising out of this agreement, the
prevailing party shall be entitled to attorney’s fees, including
attorney’s fees incurred on appeal.
G. No Waiver
No waiver of Wallsberg Entertainment shall be deemed a waiver of any
subsequent default of the same provision of these Terms and Conditions.
If any term, clause or provision hereof is held invalid or unenforceable
by a court of competent jurisdiction, such invalidity shall not affect
the validity or operation of any other term, clause or provision and
such invalid term, clause or provision shall be deemed to be severed
from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and shall not
affect the meaning, construction or effect of these Terms and
Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the
parties with respect to your access and use of any of the Sites and the
Materials contained therein, and your membership with any of the Sites,
and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter (except,
to the extent applicable, any Download Agreement or similar contract
governing the parties’ rights and responsibilities in connection with
any specific Materials downloadable from a Site). No amendment to or
modification of these Terms and Conditions will be binding unless in
writing and signed by a duly authorized representative of both parties.
J. Modifications
Wallsberg Entertainment reserves the right to change any of the
provisions posted herein and you agree to review these Terms and
Conditions each time you visit a Site. Your continued use of a Site
following Paikay.com’ posting of any changes to these Terms and
Conditions constitutes your acceptance to such changes. Wallsberg
Entertainment does not and will not assume any obligation to provide you
with notice of any change to these Terms and Conditions. Unless accepted
by Wallsberg Entertainment in writing, these Terms and Conditions may
not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private
expense and are “commercial computer software” or “restricted computer
software” within the meaning of the FARs, the DFARs, and any other
similar regulations relating to government acquisition of computer
software. Nothing contained herein will be deemed to: (1) grant any
government agency any license or other rights greater than are mandated
by statute or regulation for commercial computer software developed
entirely at private expense, or (2) restrict any government rights in
any extensions or custom solutions provided hereunder and developed at
government expense.
L. Other Jurisdictions
Wallsberg Entertainment makes no representation that the Sites or any of
the Materials contained therein are appropriate or available for use in
other locations, and access to them from territories where their content
may be illegal or is otherwise prohibited. Those who choose to access
the Sites from such locations do so on their own initiative and are
solely responsible for compliance with all applicable local laws.
XX. Consumer Rights Information – California Residents
This Section applies only to California residents. In compliance with
Section 1789 of the California Civil Code, please note the following:
Name of Service Provider: Wallsberg Entertainment.
Contact Information: 444 Brickell Ave.
Miami, FL 33131
Users who wish to gain access to the members-only section of any of the
Wallsberg Entertainment Sites must be a member in good standing.
Wallsberg Entertainment posts the current membership fees for each Site
prior to the registration page for each Site. Wallsberg reserves the
right to change the membership fees at any time. Users may contact
Wallsberg at Wallsberginc@gmail.com in order to resolve any billing
disputes or to receive further information about any of the Sites.
COMPLAINTS – CALIFORNIA RESIDENTS
The Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs may be contacted in writing at 1020
N. Street, #501, Sacramento, CA 95814, or by telephone at
1-916-445-1254.
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