Terms of Use
You must read and agree to these terms and
conditions before you can further access materials at
abqspot.com or myabqspot.com or
myabqspot.com or myabqspot.com Please read them carefully.
1.
The parties to this Agreement are you, a visitor to
abqspot.com
or myabqspot.com ("You"), and MySpotNetwork For good
and valuable consideration, the sufficiency of which is
hereby acknowledged by You and the Company, and by further
accessing or otherwise using services available at
abqspot.com or myabqspot.com , You hereby agree to be bound by all the terms
and conditions set forth in this agreement (the
"Agreement"). Subject to the terms and conditions set forth
in this Agreement, the Company agrees to provide to You
nonexclusive and revocable access to the abqspot.com or
myabqspot.com web
site. This Agreement is subject to change by Company at any
time, and changes are effective upon notice to You by
e-mail, posting at or via hyperlink to abqspot.com or
myabqspot.com, or by
mail.
2.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT abqspot.com or myabqspot.com ARE INTENDED FOR DISTRIBUTION
EXCLUSIVELY TO OUR VISITORS.
3.
You acknowledge and agree that all materials contained at
abqspot.com or myabqspot.com are proprietary and constitute valuable
intellectual property. You acknowledge and agree that as
such, You may only access, view, download, receive and
otherwise use the materials available at abqspot.com or
myabqspot.com only as
authorized by the Company. You agree that You shall at no
time access, view, download, receive or otherwise use, or
cause or enable others to access, view, download, receive or
otherwise use materials, directly or indirectly in places
which the Company does not authorize such access, viewing,
downloading, receipt or other use. You hereby acknowledge
and agree that no materials from any parts of
abqspot.com or myabqspot.com
are authorized, and no materials are intended, by the
Company to be accessed, viewed, downloaded or used by, or
transmitted, broadcast or otherwise disseminated to any
person or entity with out our permission. You agree that any
and all unauthorized access, viewing, downloading, receipt,
duplication or other use of materials from abqspot.com
or myabqspot.com , in
which You are directly or indirectly involved, including,
but not limited to accessing, viewing, downloading,
receiving or other use of materials in any manner shall
constitute intentional infringement's) of abqspot.com or
myabqspot.com 's and
potentially others' intellectual property rights and other
rights in such materials and shall further constitute
violations of abqspot.com or myabqspot.com 's trademark and other rights,
including, but not limited to, rights of privacy.
4.
You agree to be personally liable and fully indemnify
abqspot.com or myabqspot.com for any and all damages directly, indirectly
and/or consequentially resulting from my attempted or actual
unauthorized downloading or other duplication of materials
from abqspot.com or myabqspot.com alone, or with or under the authority of,
any other person(s), including, without limitation, any
governmental agency(ies), wherein such damages include,
without limitation, all direct and consequential damages
directly or indirectly resulting from unauthorized
downloading of materials from abqspot.com or
myabqspot.com including, but not
limited to, damages resulting from loss of revenue, loss of
property, fines, attorney's fees and costs, including,
without limitation, damages resulting from prosecution
and/or governmentally imposed seizure(s), forfeiture(s),
and/or injunction(s).
5
Some or all of the following fees and charges may be
incurred by the Visitor: a. fees and/or charges for goods
and services ordered at, through and/or from abqspot.com
or myabqspot.com or
its licensees.
6.
Payment for goods provided to You at and/or through
abqspot.com or myabqspot.com may be made by credit card and You hereby
authorize Company and its agents to transact such payments
on Your behalf. You agree not to report as lost or stolen
any credit card which You have used in conjunction with
payment to abqspot.com or myabqspot.com , or as unauthorized any charge by
abqspot.com or myabqspot.com , for any goods or services for which You do not
have good reason to believe is, in fact, lost , stolen or
unauthorized. You hereby agree that any such fraudulent
reporting of a lost or stolen credit card used to obtain
goods or services from abqspot.com or myabqspot.com or any fraudulent
reporting of an unauthorized charge to abqspot.com or
myabqspot.com on Your
credit card which has been made by You or anyone under Your
authority, at a time when a charge or other obligation for
payment for goods and/or services to abqspot.com or
myabqspot.com remains
outstanding at the time f such fraudulent reporting, You
shall be liable to abqspot.com or myabqspot.com - for liquidated damages of
$25,000.00. The liability for liquidated damages specified
in this Paragraph shall not limit any other liability You
may have for breach(es) of any other terms, conditions,
promises and warranties set forth in this Agreement.
7.
Access to abqspot.com or myabqspot.com may be terminated at any time, and
without cause by Company. You agree to be personally liable
for all charges incurred by You during or through the use of
abqspot.com or myabqspot.com . Your liability for such charges shall continue
after termination of Your access to abqspot.com or
myabqspot.com for any
reason.
8.
Subject to the terms and conditions set forth herein,
abqspot.com or myabqspot.com hereby grants You a limited, non-exclusive and
non-transferable license to use graphic files, audio files,
video files, text, hyperlinks, interlinks, search engines,
and other software associated with authorized visitor use of
abqspot.com or myabqspot.com which Company provides ("Materials") during the
period in which Your access to abqspot.com or
myabqspot.com is authorized by
the Company. You may use the Materials only in accordance
with the terms and conditions set forth herein, only on one
computer at a time and, if downloadable copies of the
Materials are made available by abqspot.com or
myabqspot.com , You may make
only a single copy of such Materials for Your personal use
and enjoyment. You may not remove any propriety notices from
Materials at any time. You may make no use of Materials not
expressly authorized herein or by prior express written
authorization from Company. Prohibited uses, include,
without limitation: (1) permitting other individuals to
directly or indirectly use the Materials; (2) modifying,
translating, reverse engineering, decompiling, disassembling
the Materials (except to the extent applicable laws
specifically prohibit such restriction); (3) making copies
or creating derivative works based on the Materials except
as provided herein; (4) renting, leasing, or transferring
any rights in the Materials; (5) removing any proprietary
notices or labels on the Materials; and (6) making any other
use of the Materials. This license does not grant You any
rights to any software enhancements or updates of any kind.
9.
Except for public domain material or material otherwise
licensed to Company for electronic dissemination, all
Materials displayed at or otherwise available through
abqspot.com or myabqspot.com are proprietary, and, except for initial
downloading, may not be copied, redistributed, or
downloaded, in whole or in part, without the prior written
authorization of Company. All editions of abqspot.com or
myabqspot.com , and
all Materials and other matter used directly or indirectly
in, at, by, through and/or with abqspot.com or
myabqspot.com are protected by
the copyright laws of the United States, international
copyright treaties and other laws and regulations. All
rights are reserved. All intellectual property and other
rights in and to the Materials and other matter at
abqspot.com or myabqspot.com shall at all times remain in Company, its
parent(s), subsidiary(ies), licensee(s) and assign(s). All
intellectual property and other rights in and to any
intellectual property content accessed through the Materials
is the property of the applicable content owner, which may
be the Company, its parent(s), subsidiary or subsidiaries,
licensee(s) and assign(s), or others, and may be protected
by applicable copyright and/or other laws. The limited and
non-exclusive license granted to You herein grants to You no
rights to use such content except as set forth herein. This
license will immediately terminate automatically if You fail
to comply with the limitations described herein, breach any
other provision of this Agreement, cease, for any reason, to
be a visitor in good standing, or are notified of its
termination by the Company or its authorized agent (s). You
agree that upon such termination, You will immediately
destroy all copies of the Materials in Your possession.
10.
You agree that Materials and all other services provided to
You by Company are provided on an "AS IS" basis, without
warranties of any kind, including without limitation the
warranties of merchantability, fitness for a particular
purpose and non-infringement. The entire risk as to the
quality and performance of the Materials and all services
provided by Company is borne by You. Should the Materials or
any other service provided by Company prove defective and/or
cause any damage to Your computer or inconvenience to You,
You, and not Company, assume the entire cost and all damages
which may result from any and all such defects. This
disclaimer of warranty constitutes an essential part of the
Agreement. Some states do not allow exclusions of an implied
warranty, so this disclaimer may not apply to You and You
may have other legal rights that vary from state to state or
by jurisdiction. Under no circumstances and under no cause
of action or legal theory, shall Company, its suppliers,
licensees, resellers, or other Visitors, or their suppliers,
licensees, resellers or Visitors be liable to You or any
other person for any indirect, special, incidental, or
consequential damages of any character including, without
limitation, damages for loss goodwill, work stoppage,
computer failure or malfunction, or any and all other
commercial damages resulting from any use of Materials or
other use of abqspot.com or myabqspot.com
11.
Company does not screen or endorse advertisements or
communications submitted to abqspot.com or
myabqspot.com by third-party
licensees, advertisers, or visitors for electronic
dissemination through abqspot.com or myabqspot.com . You are therefore
advised to use your own judgment to evaluate all
advertisements and other communications available at or
through the use of abqspot.com or myabqspot.com prior to purchasing goods
and/or services described at abqspot.com or
myabqspot.com or otherwise
responding to any communication at abqspot.com or
myabqspot.com .
12.
Any liability of Company, including without limitation any
failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or
unauthorized access to, alteration of, or use of records,
whether for breach of contract, tortious behavior,
negligence, or under any other cause or action, shall be
strictly limited to ten dollars ($10.00). Some states do not
allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation
or exclusion may not apply to You.
13.
Company is not liable for damages resulting from
disseminating, failing to disseminate, or incorrectly or
inaccurately disseminating any Materials, data,
advertisement or other communication at or through abqspot.com or myabqspot.com.
14.
No warranty is made by Company regarding any information,
services, Materials or products provided through or in
connection with the abqspot.com or myabqspot.com and Company hereby
expressly disclaims any and all warranties, including
without limitation: 1) any warranties as to the
availability, accuracy, or content of Materials,
information, products, or services; 2) any warranties of
merchantability or fitness for a particular purpose. Some
states do not allow the exclusion of implied warranties, so
the above exclusion may not apply to You.
15.
"abqspot.com or myabqspot.com " and
"Bringing the Internet Home" are service marks of
MySpotNetwork All rights are reserved.
16.
All materials included at abqspot.com or
myabqspot.com are for the private
use by visitors only. No other uses are intended by the
Company and any other use is strictly prohibited.
17.
If the Company should at any time provide any service which
enables visitors to communicate with or otherwise share
information with other visitors or persons providing any
kind or service to visitors, You agree not to submit,
publish, display, disseminate, or otherwise communicate any
defamatory, inaccurate, abusive, threatening, offensive, or
illegal material while connected to or otherwise directly or
indirectly using abqspot.com or myabqspot.com or other services provided
to You by Company. Transmission of such material or any
material that violates any federal, state, or local law in
the United States or anywhere else in the world, is strictly
prohibited and shall constitute a material breach of this
Agreement entitling Company to immediately terminate all
rights to access to abqspot.com or myabqspot.com . You are solely responsible
for all information which You submit, publish, display,
disseminate or otherwise communicate through abqspot.com
or myabqspot.com
even if a claim should arise after termination of service.
If the Company provides any such service described herein,
You agree that all messages and other communications by You
shall be deemed to be readily accessible to all other
Visitors who are authorized to access abqspot.com or
myabqspot.com and agree
that all such messages and other communications shall not be
deemed to be private or secure. Regardless of whether the
Company provides any type of service described herein, You
agree that You have hereby been informed and noticed that
any and all messages and other communications which You
submit to Company directly or through abqspot.com or
myabqspot.com can be
read by the operators and/or other agents of Company,
whether or not they are the intended recipient(s).
18.
abqspot.com or myabqspot.com is a subsidiary of
MYSPOTNETWWORK and not affiliated with any other company. No
inference of association or affiliation with, or endorsement
by any company or organization is intended or should be
inferred.
19.
This Agreement contains the entire agreement between You and
Company regarding Your use of abqspot.com or
myabqspot.com , and all
materials directly and indirectly related thereto. This
Agreement supersedes all prior written and oral
understandings, writings, and representations and may only
be amended upon notice by Company. This Agreement shall be
governed by and construed under the laws of the State of New
Mexico and the United States as applied to agreements
between New Mexico state residents entered into and to be
performed within the State of New Mexico, except as governed
by Federal law. The application of the United Nations
Convention of Contracts for the International Sale of Goods
is expressly excluded. You hereby consent and stipulate to
the jurisdiction of the Courts of the State of New Mexico
and the United States District Court. If any provision of
this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent
necessary to make it enforceable. Unless otherwise
explicitly stated, the provisions of this Agreement shall
survive its termination.
Terms And Conditions
abqspot.com and myabqspot.com
YOU HEREBY AFFIRM THAT YOU
HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS
AND CONDITIONS BY CLICKING ON THE ENTER BUTTON AND BY
AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT OF
CHARGES AND FEES FOR GOODS AND/OR SERVICES OBTAINED AT OR
THROUGH abqspot.com or myabqspot.com CLICK THE ENTER BUTTON TO INDICATE THAT
YOU HAVE READ THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY,
UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND
CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT, AND. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, OR ARE IN AN UNAUTHORIZED
DOWNLOADING LOCATION, CLICK THE EXIT BUTTON.

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