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TERMS AND CONDITIONS GOVERNING USE OF THE WEBSITE WWW.SLEEPINGBEASTS.COM ATTENTION: These terms and conditions ("the Terms and Conditions") apply to use of the website under the domain name www.sleepingbeasts.com ("the Website"), any correspondence related to the Website that you, the user ("the User"), should send or receive, and to any content, including but not limited to any text, photographs, graphics, or images ("Content"), that you should submit to the Website. Please read the Terms and Conditions carefully before using this Website, as any use thereof indicates that you have accepted these Terms. If you do not accept these Terms and Conditions, please do not use this Website. This notice is issued by LucraWeb, Inc. ("the Company"). 1. INTRODUCTION 1.1 You may only submit Content to this Website by expressly acknowledging acceptance of these Terms and Conditions and by providing an email address. 1.2 The Company may revise these Terms and Conditions at any time without notice by updating this posting. Please check this Website from time to time to review the current Terms and Conditions, because they are binding on you if you use the Website. 2. INTELLECTUAL PROPERTY RIGHTS 2.1 Any copyright, publicity, or other intellectual property rights ("Intellectual Property Rights") in all Content on this Website are owned by the Company or its licensors. 2.2 Any rights not expressly granted in these Terms are reserved. 3. USER'S SUBMISSION OF CONTENT 3.1 In consideration for your Content appearing on the Website, you grant the Company a perpetual, royalty-free, non-exclusive licence to use, reproduce, modify, translate, publish, transmit, distribute and sub-licence any Content you supply or communicate to the Website in any medium, now in existence or hereafter developed, for any purposes, including commercial use. The Company may exercise all Intellectual Property Rights with respect to the Content at its sole discretion, including but not limited to storing it on Company servers and incorporating it into other Company property in any media now known or later developed. If you do not wish to grant the Company these rights, do not submit Content to this Website. The Company reserves the right to select, edit and arrange Content, and to remove Content from Company servers at any time at its sole discretion. 3.2 Other than personally identifiable information, which is covered under the Privacy Policy, any Content you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such Content. 3.3 You are prohibited from posting or transmitting to or from this Website any Content whose Intellectual Property Rights you do not own or for which you do not possess all necessary licences or approvals. 3.4 The Company respects the Intellectual Property Rights of others, and we ask our Users do the same. 3.5 If you believe your Content has been unlawfully reproduced and is accessible on the Website, or that it contains links or references to another online location that contains Content that infringes your Intellectual Property Rights, please contact the Company immediately. 4. INDEMNITY 4.1 You agree to indemnify the Company and its affiliates, employees, agents, designees and licensees and to hold them harmless from any and all claims and liabilities (including but not limited to legal fees) that may arise from your submission of Content to the Website, from your breach of these Terms and Conditions, or from any acts related to your use of the Website. 5. LEGAL DISCLAIMERS 5.1 The Company and any of the Company´s officers, directors, employees, shareholders, partners, or agents, disclaim all liability for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, special, incidental, punitive or consequential damages, including, but not limited to, lost income, profits, goodwill, data, contracts, or loss of use (including but not limited to the loss of use of money) or loss or damages arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, in any way related to use of this Website, even if the Company has been informed of the possibility thereof. 5.2 Any information on this Website is provided "as is" with all faults and without warranty of any kind, expressed or implied, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, or those arising from a course of dealing, usage, or trade practice. The Company makes no warranties or representations regarding the accuracy or completeness of any information contained on this Website, as such information is provided solely as a convenience and use thereof is entirely at the risk of the User. 5.3 If the submission of Content to this Website should result in the need for servicing or repair of equipment, software or data, the User assumes responsibility for all costs thereof. 6. PRIVACY POLICY 6.1 The Company will not share your personally identifiable information. Your email address is used only for system-related correspondence, to respond to correspondence you send, and to establish a profile on our Website for the Content you submit. 6.2 The Privacy Policy does not apply to third-party sites, over which the Company exercises no control. Links to third-party sites do not imply endorsement of them or of any of their content. 7. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the laws of New York State. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of New York courts. Issue Date: March 31, 2006
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