| | | TERMS
& CONDITIONS OF USE | This
site (Shanesixty.com) is operated by Milestone Models & Media, Ltd. of Netherlands
(MILESTONE MODELS). This site is intended for your personal information, education
and communication. Please feel free to browse the Site; however, your access and
use of the Site is subject to the following terms of service ("Terms of Service")
and all applicable laws. By accessing and browsing the Site, you accept, without
limitation or qualification, the Terms of Service. If you do not agree with all
of the following Terms of Service, please do not use this Site. MILESTONE MODELS
reserves the right, at its sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. Changes and/or modifications shall become
effective immediately upon the posting. Please review these Terms of Service periodically.
Your continued use of the Site following the posting of changes and/or modifications
will constitute your acceptance of these Terms of Service.
TERMS
OF SERVICE
RESTRICTIONS ON USE OF MATERIALS
All
materials contained in any Milestone Models Site are the copyrighted property
of Milestone Models & Media, Ltd., or its subsidiaries or affiliated companies
and/or third-party licensors. All trademarks, service marks, and trade names are
proprietary to Models & Media, Ltd., or its affiliates. No material from any
Milestone Models Site or any Internet site owned, operated, licensed, or controlled
by us or our affiliates 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 (i) you keep intact all copyright and other proprietary
notices, (ii) you make no modifications to the materials, (iii) you do not use
the materials in a manner that suggests an association with any of our products,
services, or brands, and (iv) you do not download quantities of materials to a
database that can be used to avoid future downloads from any MILESTONE MODELS
Site.
For purposes of these terms, the use of any such material on any
other Web site or computer environment is prohibited. All trademarks, service
marks, trade names, and trade dress are proprietary to us. In the event you download
software from any MILESTONE MODELS Site, the software, including any files, images
incorporated in or generated by the software, and data accompanying the software
(collectively, the "Software") are licensed to you by us or third-party
licensors for your personal, noncommercial home use only. We do not transfer title
to the Software to you. You own the medium on which the Software is recorded,
but we (or third-party licensors) retain full and complete title to the Software
and all intellectual property rights therein. You may not redistribute, sell,
de-compile, reverse engineer, disassemble, or otherwise reduce the Software to
a human-readable form.
DISCLAIMER
THE
MATERIALS IN THIS MILESTONE MODELS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY
MILESTONE MODELS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY MILESTONE MODELS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
ON ANY MILESTONE MODELS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We
explicitly disclaim any responsibility for the accuracy, content, or availability
of information found on sites that link to or from any MILESTONE MODELS Site.
We cannot ensure that you will be satisfied with any products or services that
you purchase from a third-party site that links to or from any MILESTONE MODELS
Site or third-party content on our sites. We do not endorse any of the merchandise,
nor have we taken any steps to confirm the accuracy or reliability of, any of
the information contained in such third-party sites or content. We do 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 hereby irrevocably waive any claim against us
with respect to such sites and third-party content. We strongly encourage you
to make whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
SUBSCRIPTION
ACCOUNT & BILLING
Some services offered
on MILESTONE MODELS Sites are subscription-based services, such as Shanesixty.com,
operated by MILESTONE MODELS or other third-parties. If you open a subscription-
based account with any of our sites, you hereby agree to pay all charges to your
account, including applicable taxes, in accordance with billing terms in effect
at the time the fee or charge becomes payable. We reserve the right to change
the amount of, or basis for determining, any fees or charges for services we provide,
and to institute new fees, charges, or terms effective upon prior notice to customers.
We reserve the right to terminate any account at any time for any reason. MILESTONE
MODELS agrees that it will terminate Customer's account upon notice from Customer.
On some MILESTONE MODELS Sites, your Subscription will be automatically
renewed and your credit card account or bank account or telephone bill will be
charged as per the terms of that site. Customer's right to use the Service is
subject to any limits established by MILESTONE MODELS or by Customer's credit
card or bank issuer. If payment cannot be charged to Customer's credit card, bank
account or Customer's charge is returned for any reason, including chargeback,
MILESTONE MODELS reserves the right to either suspend or terminate Customer's
access and account. If Customer has reason to believe that Customer's account
is no longer secure (for example, in the event of a loss, theft or unauthorized
disclosure or use of Customer's ID, password, or any credit, debit or charge card
number stored) notify MILESTONE MODELS of the problem to avoid possible liability
for any unauthorized charges to Customer's account.
Fees for the first
month's subscription are not refundable, unless the account holder is not able
to access the site and notifies MILESTONE MODELS within 48 hours of creating the
account. Fees for subsequent months (recurring subscriptions) are not refundable,
unless the account holder is not able to access the site and notifies MILESTONE
MODELS within 48 hours of the beginning of the current billing cycle.
You agree
that you will not disclose your membership username and password to any individual
or group. They are strictly for your use. Any violation of your password will
result in the immediate cancellation of your membership.
INDEMNIFICATION
You are entirely responsible for maintaining
the confidentiality of your Account info and/or Password and for all activities
that occur under your account. You hereby indemnify, defend, and hold us and our
affiliates and our officers, directors, owners, agents, information providers,
affiliates, licensors, and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs (including reasonable
attorneys' fees') incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of this Agreement or claims arising from your
account. You shall use your best efforts to cooperate with us in the defense of
any claim. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, ANY MILESTONE MODELS SITE OR MATERIALS
OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
ANY MILESTONE MODELS SITE.
TERMINATION
These terms are effective until terminated by
either party. You may terminate these terms at any time by discontinuing use of
all MILESTONE MODELS Sites and destroying all materials obtained from any and
all such sites and all related documentation and all copies and installations
thereof, whether made under these terms or otherwise. Your access to any and all
MILESTONE MODELS Sites may be terminated immediately without notice from us if
in our sole discretion you fail to comply with any term or provision of these
terms. Upon termination, you must cease use of the MILESTONE MODELS Site and destroy
all materials obtained from such site and all copies thereof, whether made under
these terms or otherwise.
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