Webmissive's terms of use appear in the box below. By using this site to send messages, you agree to these terms. If you believe that someone is in violation of these terms, please click here. Webmissive Terms and Conditions Of Use Webmissive provides entertainment-oriented communications services on its webmissive.com web site, in accordance with the terms and conditions of this Agreement. Webmissive may, without prior notice, from time to time, add to, delete from, or modify this Agreement. Any additions, deletions, or modifications to the operating rules or policies set forth in this Agreement will be published by Webmissive on its website. The amended Terms and Conditions of this Agreement will be deemed accepted by User the first time that User uses the webmissive.com web site after the amended Terms and Conditions are posted on Webmissive's website. The Terms and Conditions of this Agreement and amendments hereto comprise the entire agreement between User and Webmissive. Please read them carefully. BY USING OUR WEB SITE, AGREEING TO RECEIVE INFORMATION ABOUT OUR SERVICE OR CLICKING THE "SEND" BUTTON ON THE "PREVIEW MESSAGE" PAGE, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF SERVICE. Privacy For an explanation of our privacy policy related to the collection, use and storage of our Users' information, please read our privacy policy. User agrees to indemnify and hold Webmissive and its web site harmless for accessing and disclosure of information, including e-mail addresses and message contents, if Webmissive believes in good faith that such action is reasonably necessary to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself, its users, or others. User understands the nature of the Internet and that communications can be intercepted and agrees to hold Webmissive harmless for any loss and/or damages associated with lost, misrouted or intercepted data. External Links The webmissive.com web site may contain links to other Internet sites. Webmissive is not responsible for the accessibility of these outside websites, their resources, content, products and/or services. Webmissive is not responsible for (nor does it endorse) any of the content, advertising, products or services, or other materials available on such sites or at such locations. Under no circumstances shall Webmissive be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by use of or reliance on any content, goods or services available on such sites or at such locations. Restrictions on Use The webmissive.com web site is provided exclusively for User's personal, non-commercial use. User may not use the webmissive.com web site for any unlawful purpose. User may not obtain or attempt to obtain any information from the webmissive.com web site other than by the means intentionally provided by Webmissive. User may not use the webmissive.com web site in any manner that may damage, disable, or impair it. Any misuse of the webmissive.com web site, including its resale or the resale of access to it, or any other breach of the Terms and Conditions of this Agreement, will result in the immediate termination of your ability to use the webmissive.com web site and may subject you to civil and/or criminal penalties. User may not copy, reproduce, republish, upload, post, transmit, create derivative works from, or distribute in any way any information or materials provided on the website. Users engaging in the infringement of the copyrighted works on the website may be prosecuted civilly and/or criminally to the fullest extent permitted by law. Anonymous Communication The anonymous communications services provided by this website are for entertainment value only. Users may not use the webmissive.com web site to harass, abuse, or otherwise violate the legal rights of others. Users may be subject to civil and criminal charges if the webmissive.com web site is used in the aforementioned fashion. Webmissive reserves the right, but is not obliged, to monitor any and all communications by manual or automatic means and to limit or terminate any communications sent using the webmissive.com web site in order to enforce these terms. Indemnification User agrees to indemnify and hold harmless Webmissive and its owner from any liability, claim, loss, damage, demand or expenses (including attorney's fees) asserted by any third party due to, arising from, or in connection with, User's usage or conduct associated with the webmissive.com web site. Disclaimer of Warranties USER EXPRESSLY AGREES THAT USE OF THE WEBMISSIVE.COM WEB SITE IS AT USER'S SOLE RISK. THE WEBMISSIVE.COM WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WEBMISSIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. WEBMISSIVE MAKES NO WARRANTY THAT THE WEBMISSIVE.COM WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NOR DOES WEBMISSIVE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBMISSIVE.COM WEB SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY ACCESS TO, INFORMATION OBTAINED THROUGH, THE WEBMISSIVE.COM WEB SITE OR THAT DEFECTS IN THE NETWORK OR SOFTWARE WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBMISSIVE.COM WEB SITE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WEBMISSIVE MAKES NO WARRANTY ASSOCIATED WITH ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBMISSIVE.COM WEB SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM WEBMISSIVE OR THROUGH THE WEBMISSIVE.COM WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EXCLUSIONS DO NOT APPLY WHERE PROHIBITED BY LAW. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WEBMISSIVE OR THE WEBMISSIVE.COM WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE WEBMISSIVE.COM WEB SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF WEBMISSIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WEBMISSIVE OR THE WEBMISSIVE.COM WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBMISSIVE.COM WEB SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF WEBMISSIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBMISSIVE.COM WEB SITE AND/OR THE CONTENT AVAILABLE ON OR THROUGH IT, OR WITH ANY OF WEBMISSIVE'S TERMS AND CONDITIONS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBMISSIVE.COM WEB SITE. Advertisers User may enter into correspondence with or participate in promotions from advertisers who advertise their products on the webmissive.com web site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding User and the advertiser. Webmissive assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. Legal Warning Any attempt by any individual to damage, destroy, tamper with or vandalize the webmissive.com web site, or otherwise interfere with its operation, is a violation of criminal and civil law and Webmissive will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law. Governing Law This Agreement, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws of the State of New York. This Agreement and the rights of the parties hereto shall be governed and interpreted in all respects by the law applied to contracts made and wholly to be performed within the State of New York, without giving effect to the conflict of laws and rules thereto. The parties' rights and remedies hereunder shall be cumulative, and the exercise of one or more shall not preclude the exercise of any other(s). Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration in New York City, pursuant to the Commercial Arbitration rules then in effect with the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Other Provisions This Agreement constitutes the entire agreement between Webmissive and User. This Agreement supercedes any and all previous written and oral assertions, communications, and understandings between the parties. The failure of Webmissive to exercise or enforce any right or provision of the Terms and Conditions of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of this Agreement is found to be invalid or contrary to law, than such provision(s) shall be construed, as nearly as possible, to reflect the parties' intentions, and the other provisions of the Terms and Conditions of this Agreement shall remain in full force and effect. The section titles in the Terms and Conditions of this Agreement are for convenience only and have no legal or contractual effect or significance.

 

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