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TERMS OF USE
Rosa Romance's TERMS OF USE Welcome to Rosa Romance's web site(s)! Rosa Romance, Inc., its parent, subsidiary and affiliated companies as well as their respective employees, agents and/or assignees, as applicable, ("Rosa Romance") maintain this site(s) ("site(s)" or "site") for your personal entertainment, information, education, communication, and purchasing of product(s). We want you to have fun at our site(s) but it's important that when you use the Rosa Romance site(s) you are fully aware of both your and our respective legal rights and obligations. For that reason, we've posted these TERMS OF USE as the legally binding terms to govern your use of all Rosa Romance site(s). Areas of Rosa Romance may be subject to additional TERMS AND CONDITIONS, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these TERMS OF USE, unless otherwise expressly stated.
You acknowledge that Rosa Romance uses language and offers opinions that might be deemed imappropriate by some people and that you do not find such language or opinions morally objectional and/or offensive. Users must be 18 years of age or older within the United States or of legal age in the country in which they reside. We will assume (and by using this site(s) you warrant that) you are of age and have the legal capacity to enter into this agreement set out in these TERMS OF USE (i.e., you warrant that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). We have a Legaleze Privacy Policy which you should read and which forms part of these TERMS OF USE. By using the site, Rosa Romance grants you a non-exclusive, non-transferable, revocable, limited right to enter, display and use the site(s). You agree not to affect/interrupt or attempt to affect/interrupt the operation of the site(s) in any way. Any unauthorized use of the content of the site and/or its proprietary logos, book covers, excerpts, synopses, service marks, Copyrights, and Trademarks may violate copyright laws, trademark laws, the laws of privacy and publicity, and certain civil and criminal statutes. You understand that Rosa Romance reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site(s) and/or any software, facilities and services on this site(s) or linked to this site(s), with or without notice, and/or to change or establish general guidelines and limitations on their use without any liability or responsibility to you. This web site(s) contains Materials and other items relating to Rosa Romance, Inc. and its products and services, and similar items from our business partners, licensors, and licensees, and other third parties. All Materials contained in any/all Rosa Romance, Inc. web site(s)-which includes but is not limited to information, text, data, images, button icons, registered and unregistered trademarks, illustrations, software, photographs, pictures, graphics, book covers and excerpts, audio clips, videos, e-Books, music, sounds, and other information and Material in other forms and formats now known or later invented ("Materials")-are protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. All Material is the copyrighted property of Rosa Romance or its parent, subsidiaries or affiliated companies, third-party licensors, and/or Users and is to the best of our knowledge and belief used with permission. All trademarks, service marks, and trade names are proprietary to Rosa Romance or its affiliates. Use of these Materials by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the Material may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Nothing contained in this TERMS OF USE may be construed as conferring to you (by implication, estoppel, or otherwise) any license or right to any Material under any copyright or any other intellectual property right. No Material from any site owned, operated, licensed, or controlled by Rosa Romance 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 (1) you keep intact all copyright and other proprietary notices, (2) you make no modifications to the Materials, (3) you do not use the Materials in a manner that suggests an association with any of our products, services, or brands, and (4) you do not download quantities of Materials to a database that can be used to avoid future downloads from any Rosa Romance site. For purposes of these TERMS OF USE, the use of any such Material on any other web site or computer environment is prohibited. Copying source code, decompiling, reverse engineering, disassembling, or otherwise reducing the code used to create this site(s) or any software on this site(s) into a readable form in order to examine the construction of the site(s) or of such software and/or to copy or create other products based (in whole or in part) upon such software, is prohibited. All Trademarks, Copyrights, service marks, trade names, and trade dress are proprietary to us. The only exception(s) is where reproductive permission is expressly stated on the web page in question; regarding specific Materials available for reproduction by the Press or when we are contacted by the Press and grant such usage. If used in print, we require that you keep intact all contact information attached to the Material you wish to use and that you make no modifications to the Material other than to edit for space restrictions. We require that if you use our Material on the web, you also keep our contact information attached to the Material, that you make no modifications to the Material other than to edit for space restrictions, and that you link back to our home page so we can get more traffic. You should assume that everything you see or read on the Rosa Romance site(s) are Copyrighted and/or Trademarked and may not be used, except as provided in these TERMS or in the text on the site, without the prior written permission of Rosa Romance, Inc. Rosa Romance neither warrants nor represents that your use of Materials displayed on the site will not infringe the rights of third parties not owned by or affiliated with Rosa Romance. Users who post Materials (e.g., comments at bulletin boards or within our blogging community or chat rooms including sig files with art or graphics) to the Rosa Romance, Inc. web site(s) represent that such Material is unique to the User or used with permission of the legal copyright holder, and assigns to Rosa Romance, Inc. unlimited license and sublicenses (through multiple tiers) of such Material. Rosa Romance does not claim ownership of the Materials you provide to Rosa Romance or that you post, upload, input or submit to any Rosa Romance site(s) for review by the general public, or by the members of any public or private community. Any communications or Material you transmit to the site by electronic mail, posting, or otherwise, including, but not limited to any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post is subject to parody at the sole discretion of Rosa Romance. Rosa Romance is under no obligation to post or use any Material you may provide. HOWEVER, User Material may be used by Rosa Romance or its affiliates for any purpose, including, but not limited to, in connection with the operation of our Internet businesses, reproduction in any format including T-shirt and other designs, disclosure, transmission, publication, broadcast and posting. Furthermore, Rosa Romance is free to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Material and to publish your user name in connection with your Material; to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending unsolicited Material you waive the right to make any claim against Rosa Romance, its parents, affiliates, or partners relating to unsolicited Material, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. Rosa Romance will consider anything you provide to Rosa Romance and/or contribute to its site(s) as available for our use free of any obligations to you, except or unless where we have expressly solicited Material and that Material is expressly governed by Additional Terms appearing elsewhere on the site(s), in which event those Additional Terms will determine how we will treat your Material. While Rosa Romance likes to hear from you and appreciates User feedback, Users are asked to be specific in their comments. We do not knowingly accept unsolicited Material including, without limitation, T-shirt sayings, suggestions relating to products, services, marketing plans, creative ideas, inventions, notes, drawings, models, designs, concepts, ideas for toys, games, or contests, submissions of any form of writing including but not limited to scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Therefore, any similarity between an unsolicited Material and any elements in any Rosa Romance or related company's creative work including, without limitation, novels, novellas, short stories or any other form of writing, films, T.V. series, story, title or concept would be purely coincidental. If, despite our request, you send any of the aforementioned to Rosa Romance via this site(s) or by fax, mail, or otherwise, or transmitted, posted, or uploaded by you to this site(s) Rosa Romance will not assume any responsibility, obligation, or liability for them or for Rosa Romance's receipt or non-receipt of them. Subject to the provisions of any Additional Terms, by posting or uploading any content to this site(s) and/or providing any communication or Material to Rosa Romance you automatically and irrevocably agree that Rosa Romance hereby acquires and User hereby irrevocably assigns, licenses and grants to Rosa Romance, throughout the world, irrevocably, in perpetuity, User's rights, if any, in the Material and the title thereof in all media now or hereafter known throughout the world in perpetuity including without limitation all commercial product rights, all literary rights (including without limitation, Copyright, Trademark and Patent rights should Rosa Romance choose to persue such rights), motion picture rights, all television rights (including, without limitation, live, free, pay, cable, long form, and series television rights) and all allied, ancillary, subsidiary and incidental rights, including, without limitation, prequel, sequel and remake rights, music publishing, novelization, videocassette, videodisc, and laserdisc rights, CD-ROM, CD-1, interactive and multi-media rights and any and all on-line Internet rights, digital entertainment, animation, theme park, soundtrack recording, commercial tie-in and merchandising rights and promotional and advertising rights including, without limitation, printed synopses and 10,000 word excerpt publication rights and the right to broadcast, over radio, television and all other media, the Material subject herein. In addition to the foregoing Rosa Romance shall have the exclusive right in perpetuity to use, exploit, advertise, exhibit and otherwise turn to account any or all of the foregoing, in any and all media, whether now known or unknown, throughout the Universe, in all languages, as Rosa Romance, in its sole and unfettered discretion shall determine. The rights herein granted include the right to distribute, transmit, exhibit, broadcast and otherwise exploit all Material pursuant to this agreement by means of any and all media and devices, whether now known or hereafter devised, in perpetuity and in any and all markets/territories whatsoever. Rosa Romance may in its discretion make any and all changes in, additions to, deletions, alter, add to, strike from or rearrange all or any part of the Material and User waives any and all so-called moral rights, droit morale, or any similar rights, of authors. Nothing contained in these TERMS OF USE shall be construed as requiring Rosa Romance to exercise or exploit any of the rights granted to or acquired by Rosa Romance under this agreement. User hereby waives any benefit of any provision of law known as "droit moral" or any similar or analogous law, regulation, or decision in any country of the world. In the event User pursuant to any applicable law or regulation retains any rights in and to User's work product or the Material that cannot be assigned to Rosa Romance, User hereby unconditionally and irrevocably waives the enforcement of all such rights, and all claims and causes of action of any kind with respect to any of the foregoing against Rosa Romance, its distributors, licensees and assigns, whether now known or hereafter to become known and agrees, at the request and expense of Rosa Romance and its successors, licensees and assigns, to consent to and join in any action to enforce such rights and to procure a waiver of such rights from the holders of such rights, if any, including without limitation, User, his/her successors, representatives, heirs, and assigns. In the event, that User retains any rights in and to User's work product and the Material that cannot be assigned to Rosa Romance and cannot be waived, User hereby grants to Rosa Romance and its successors, licensees and assigns, an exclusive, perpetual, worldwide, royalty-free license to reproduce, distribute modify, change, publicly perform, and publicly display, with the right to sublicense and assign such rights in and to said work product and Material including, without limitation the right to use in any way whatsoever said Material. Rosa Romance has no responsibility or liability for the content of any Material posted by Users. We may monitor your communications on our web site(s) but we cannot monitor all of the Material on Rosa Romance, we do not attempt to do so, and we assume no responsibility for actively monitoring for inappropriate Material. Rosa Romance, Inc. does not endorse, approve, or prescreen any Material that you or other Users post at Rosa Romance. Rosa Romance, Inc. reserves the right in its sole discretion to either edit or delete any documents, information or other Material submitted to us or appearing on this site(s) that is objectionable to us for any reason. This determination is at our sole discretion, and is final. Rosa Romance does not assume any liability for any failure to remove, or any delay in removing, Material. You agree that Rosa Romance accepts no liability whatsoever if it prevents your Material from being submitted or if it edits, restricts or removes your Material. You agree to permit any other User of this site(s) to access, view, store or reproduce the Material for that other User's personal use.
(1) Users may only use this site(s) and its contents for lawful purposes and in accordance with applicable law; Users are prohibited from storing, distributing or transmitting any unlawful Material through this site; any Material you send to us or post at our site(s) will not be treated as confidential. (2) If you wish to access certain portions of the Rosa Romance web site(s) or of the resources the site(s) offer or if you enter a contest you must register. It is a condition of use of this site(s) that all the details you provide will be correct, current, and complete. If we sickidiots or our legal advisors believe the details are not correct, current, or complete, we have the right to refuse you access to the site(s), or any of its resources, and to terminate or suspend your account. Rosa Romance will occassionally run contests on our site(s) in which we ask for personal information (like name, email and mailing address). This contact information is used only to get in touch with the User when necessary to give them their prize. When signing up for the contests you are given the option on the form to either be added to our NEW SHIRT ALERTS or not to be contacted unless you win. We respect your privacy and always follow your wishes. (3) User is responsible for obtaining access to the site(s) and that access may involve third party fees (such as Internet Service Provider or airtime charges). User is 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 site(s). (4) Users may post Material that is normally considered offensive especially their use of language including George Carlin's "'Seven words you can't say on TV"', Material that is abusive if not aimed at a named individual except politicians and celebrities who are public figures as defined by the Statutes, and/or is rude, crude and socially unacceptable. (5) Users may not post, upload to, distribute through, or otherwise transmit Material that is illegal, unlawful, libels or that would otherwise give rise to liability, defames, is invasive of privacy or publicity rights, is fraudulent, has explicit sexual references, discussions of illegal drugs, is harassing, inflammatory, is abusive to a named individual, threatening or stalks, or promotes violence and/or illegal activities, or contains links to other sites that have that kind of content; Users may not publish, post, upload, distribute or disseminate any topic, name, Material or information that incites discrimination, hatred or violence toward an individual or group because of their sex, religion, nationality, disability, sexual orientation, or age. IN ADDITION, Users may not post anything that our legal team considers to be racist, obscene, pornographic, or promotes sexually explicit Materials; or or any Material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. If you do, we reserve the right to remove the postings that defame or insult anyone as well as rants that are abusive or hateful, although we have no duty to do so. In addition, we reserve the right to remove rants that we deem, in our sole discretion, to be inappropriate, off the subject or NOT IN ENGLISH. Any postings that might be construed as stalking will be deleted and made available to the proper law enforcement officials. (6) Users may not post Material which seeks to exploit or harm children. (7) Users may not ask other Users for personally identifiable details, harvest or otherwise collect information about others, including e-mail addresses, or interfere with another user's use and enjoyment of Rosa Romance, Inc. web site(s); Users may not collect or store personal information regarding other users; Users recognize that storing, distributing and/or transmitting unlawful Material could expose you to criminal and/or civil liability; Users should respect each other's privacy by not asking for or posting names, phone numbers, addresses, social security numbers, or any other private information. (8) Users may not post Material which infringes on any intellectual property or other right of any entity or person, including violating anyone's Copyrights or Trademarks or their rights of publicity; User agrees that if a third party claims that Material User has contributed to the site is unlawful, User will bear the legal burden of establishing that it is lawful; User understands that unauthorized use of Material may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. (9) Users are strictly prohibited from creating novels, novellas, short stories, or other products with our writings and/or art on them, creating works or Materials that derive from or are based on any of the Materials on this site(s), reproduce, copy, distribute, publish, transmit, modify, alter, adapt, translate, display, distribute, sell, license, publicly perform, or otherwise use or exploit any portion of Rosa Romance, Inc.'s site(s) including, without limitation, novels, novellas, short stories, book cover designs, fonts, icons, link buttons, wallpaper, desktop themes, online postcards and greeting cards and any of our merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away. (10) Users may not post Material which violates any law or may be considered to violate any law or which advocates or promotes illegal activity including but not limited to pyramid schemes, surveys, contests, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or any such similar schemes. (11) Users may not impersonate, improperly assume or claim the identity, characteristics or qualifications of another person; or misrepresent their connection to any other entity or person or otherwise manipulate headers or identifiers to disguise the origin of content. (12) Users may not advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized in writing by this site(s), Users may not solicit funds, advertisers or sponsors for their own projects/sites; Users may not use the site(s) for any political purpose. (13) Users may not mess with our site(s) in any way including but not limited to; a) posting, emailing, or providing/linking to programs which contain viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, corrupted files, or any other similar software or programs that may detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; damage the operation of another's computer or the property of another; or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of our site(s), servers, or any computer software or hardware or telecommunications connecting to our site(s); take any action that imposes an unreasonable or disproportionately large load on site(s) infrastructure; or create liability for Rosa Romance, its parent, subsidiary and affiliated companies as well as their respective employees, agents and/or assignees, partners or third-party service providers; or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; b) disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities on the site(s); c) sending, creating or repling to so called "'mailbombs"' (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "'spamming"' (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this site(s) by any other person; d) coping any pages or images on these site(s) except within the fair use laws granted above with appropriate authority. e) Users may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this site(s); f) Users are prohibited from removing any sponsorship banners or other Material from our site(s); g) Users may not use any services or facilities provided in connection with this site(s) to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Rosa Romance reserves the right to release your details to system administrators at other sites on the Web in order to assist them in resolving security incidents and to the proper governmental Authorities. (14) Passwords and login IDs used for Rosa Romance site(s) are for individual use only. To create an Account, you must select a login ID and password. Your login ID is your Rosa Romance identity. You may not use a login name that is used by someone else, or that in any way violates these TERMS OF USE. You may not provide false information during the registration process. You may not reveal your password to other users. You are solely responsible for all activity on your Account and for the security of your own login and password (if any). Rosa Romance shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Rosa Romance considers insecure, we will be entitled to require it to be changed and/or we will have the right to terminate your account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Rosa Romance immediately of any unauthorized use of your account or any other breach of security. Rosa Romance will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Rosa Romance or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You agree to indemnify and hold Rosa Romance harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your Account. Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates our TERMS OF USE. If your Account is terminated, you may not rejoin Rosa Romance again without our express written permission. If you wish to rejoin the service, please fill out our contact form. Requests will be considered on an individual basis and reinstated or not at the sole discretion of Rosa Romance. (15) Users understand and agree that all Materials publicly posted (other than by Rosa Romance) or privately transmitted on or through this site(s) are the sole responsibility of the sender, not of Rosa Romance, and that you are legally responsible for all Material you upload, post or otherwise transmit to or through this site(s).
Rosa Romance reserves the right, at its sole discretion, to restrict, suspend or terminate your account and your access to all or any part of our site(s) at any time for any reason without prior notice or liability and may remove any Material from its servers as it deems appropriate and without notice. If Rosa Romance believes, in its sole discretion, that a violation of these TERMS OF USE has occurred, it may edit or modify any submission, posting or e-mails, remove the Material permanently, cancel postings, warn users, not warn users, suspend users and passwords, terminate accounts and/or take other corrective action it deems appropriate for any reason and without any obligation to you or any third-party whatsoever. If you are terminated by Rosa Romance you must immediately destroy all materials obtained from any and all Rosa Romance site(s) and all related documentation and all copies and installations thereof, whether made under these TERMS OF USE or otherwise. Rosa Romance will fully cooperate with any law enforcement authorities or any court order requesting or directing Rosa Romance to disclose the identity of anyone posting any e-mails, or publishing, or otherwise making available any Materials that are believed to violate these TERMS OF USE. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ROSA ROMANCE FROM ANY CLAIMS RESULTING FROM ACTION TAKEN BY ROSA ROMANCE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER ROSA ROMANCE OR LAW ENFORCEMENT AUTHORITIES. Users may terminate their own accounts, please CONTACT US. We will remove you from our active system but your posts and all online communications will remain visible on our site(s) with these TERMS OF USE still in force and your contact information will remain in our files. If you choose to terminate your account you must immediately destroy all materials obtained from any and all Rosa Romance site(s) and all related documentation and all copies and installations thereof, whether made under these TERMS OF USE or otherwise.
Rosa Romance makes no warranties or representations as to the accuracy or completeness of the information on the site and assumes no liability or responsibility for any errors or omissions in the content of the site. The information may be out of date, and Rosa Romance makes no commitment to update such information. Documents and other information available on the site may be subject to further disclaimers contained therein as to their accuracy and reliability. Rosa Romance may remove or modify any content without notice or liability at any time in its sole discretion. Any use of our sickidiots rant pages, bulletin boards and/or chat rooms will be at your own risk and will be subject to the disclaimers and limitations on liability set out herein. Rosa Romance, Inc. assumes no responsibility for the consequences resulting from the use of the information herein, (or from use of the information obtained at linked Internet addresses,) or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. Rosa Romance, Inc. is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability, accuracy, reliability, title, non-infringement, or fitness for a particular use or purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, are made by Rosa Romance, Inc. with respect to such information. Rosa Romance, Inc. does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted as part of the web site(s). Any information or Material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Rosa Romance, Inc. nor does Rosa Romance, Inc. warrant or make any representations regarding the use or the results of the use of the Materials posted in terms of their correctness, accuracy, timeliness, reliability or otherwise. YOUR USE OF THE SITE(S) ARE AT YOUR RISK. Under no circumstances, including but not limited to negligence, shall Rosa Romance or any other party involved in creating, producing, or delivering the site(s) be liable for any damages whatsoever (including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or punitive damages [including without limitation lost profits or lost savings goodwill, use, data or other intangible losses], whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with the sale or purchase of any goods or merchandise; any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network; your access to, use of, or inablility to access or use the site; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this site(s); unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on this site(s); or any other matter relating to this site(s) even if Rosa Romance or its authorized representative has been advised of the possibility of such damages. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Rosa Romance, Inc. does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that the site(s) or the servers that make them available are free of viruses or other harmful components. Rosa Romance, Inc. does not warrant or make any representations regarding the use or the results of the use of the Material, information, software, facilities, services or other content at Rosa Romance or any sites linked to sickdiots.com in terms of their correctness, accuracy, or reliability. Rosa Romance assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any Materials, data, text, images, video, or audio from the site. You agree to indemnify, defend, and hold harmless Rosa Romance, Inc. (which includes Rosa Romance's parent, subsidiary, affiliated companies, and third-party service providers, as well as their respective employees, agents and/or assignees, as applicable) and its officers, employees, agents, business partners, licensors, and licensees from and against any claims, demands, damages, liabilities, costs, and expenses (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including reasonable attorneys' fees and costs) arising out of your use of this site(s); your failure to use the site(s); your breach or alleged breach of these TERMS OF USE or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties connected in any way with this site(s); on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this site(s). IN ADDITION, you will defend and indemnify Rosa Romance et al from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought on your behalf or by third parties as a result of your breach of these TERMS OF USE, your violation of any law or the rights of a third party or your use of our site(s). If you are a California resident, you waive California Civil Code Section 1542, which states, in part: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor". Without limiting the foregoing, everything on the site(s) is provided to you "'AS IS"' and, to the fullest extent permitted by law, are WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. This means, without limitation, that Rosa Romance DOES NOT WARRANT that the site(s) is fit for any particular purpose. Your sole remedy for dissatisfaction with or damage sustained from the site(s) is to stop using the Rosa Romance web site(s). Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Rosa Romance has not reviewed all of the sites linked to its site(s) and is not responsible for the content of any linked sites or any link contained in a linked site or any changes or updates to such sites (collectively, "Linked Sites"). Rosa Romance does not imply agreement with, or endorse, or make any representations regarding any Linked Sites. Your linking to any Linked Sites is at your own risk. Rosa Romance is under no obligation to monitor such sites and assumes no responsibility or liability arising from the content of any such locations nor for any error, infringement, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site(s).
This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. Rosa Romance cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Rosa Romance since other stores are owned and operated by independent retailers. Rosa Romance does not endorse any of the merchandise, nor has Rosa Romance taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Rosa Romance does 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 irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. These other sites may send their own cookies to users, collect data, solicit personal information, or they might contain information that you find inappropriate or offensive. In addition, advertisers on Rosa Romance site(s) may send cookies to users that we do not control. We reserve the right to disable links from third-party sites to any Rosa Romance site(s).
We may give notice to our users by means of a general notice on any Rosa Romance site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records or otherwise acquired. Pursuant to the U.S. Digital Millennium Copyright Act ("'DMCA"'), 17 United States Code, Section §512(c)(3), notifications of claimed copyright infringement by us should be sent to our VP of Business Affairs via email: legal(at sign)Rosa Romance. If Rosa Romance has inadvertantly used Material whose copyright is held by someone else, or if you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper User posting or User distribution via this site(s), we will remove it upon written notice. To be effective, the notification must include a legend or subject line that says: "'DMCA Copyright Infringement Notice"'; the physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification and description of the copyrighted work claimed to have been infringed and that is to be removed; information reasonably sufficient to permit the service provider to locate the Material, for example, the URL of the page and a description of where the Material that you claim is infringing is located on that page; information reasonably sufficient to permit our VP of Business Affairs to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; and a statement that the complaining party has a good-faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Rosa Romance, Inc. may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Rosa Romance, Inc. may elect to remove allegedly infringing Material that comes to its attention via notices that do not comply with the DMCA. The trademarks, logos, T-shirt designs and sayings, and service marks (collectively the "'Trademarks"') displayed on the Rosa Romance site(s) are registered and unregistered Trademarks of Rosa Romance, Inc. All Trademarks not owned by Rosa Romance are the property of their respective owners, and are used to the best of our knowledge and belief with permission. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of Rosa Romance or such third party that may own the Trademarks displayed on the site. Your misuse of the Trademarks displayed, or any other content on the site, except as provided in these TERMS, is strictly prohibited. You are also advised that Rosa Romance will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Rosa Romance may at any time revise these TERMS OF USE without notice by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current TERMS to which you are bound. Your authorization to use the site automatically terminates without notice if in Rosa Romance's sole discretion you fail to comply with any of these TERMS. Upon termination, you must immediately destroy any downloaded or printed Materials. This agreement is entered into in the State of Nevada and shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. You hereby consent and submit to the personal jurisdication of the state and federal courts located in Reno, Nevada for the purposes of litigating any action at law or in equity arising out of or relating to these TERMS and agree not to commence any such action against Rosa Romance other than in such courts. If any of the provisions of this agreement are held by a court or a tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. This agreement constitutes the entire agreement between the parties hereto relating to the subject matter herein and shall not be modified except in writing, signed by both parties. These TERMS OF USE shall not constitute any relationship of partnership, joint venture, or agency between the parties.
TM & (c) 2000 - 2007 Rosa Romance, Inc. All Rights Reserved. Use of the site(s) constitutes your acceptance of these TERMS OF USE.
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TM and © 2000-2008 Rosa Romance.com, Inc. and its related entities. All Rights Reserved.
Use of this site constitutes your acceptance of our TERMS OF USE and Privacy Policy.


