|
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE BECAUSE THEY CONTAIN LEGAL OBLIGATIONS.
In this Agreement of the Terms of Use ("Agreement")
"you", "your" and "visitor(s)"
refer to each customer or Web site visitor; "we",
"us" and "our" refer to Crescent Corporate
Services Limited (Crescent), its contractors, agents,
employees, officers, directors and affiliates; and "Services"
refers to the services provided by us.
By using this Site you agree to abide by the Terms and Conditions set forth in this Agreement.
Crescent reserves the right, at its sole discretion, to change,
modify, add or remove any portion of this Agreement in
whole or in part, at any time. Changes in this Agreement
will be effective when notice of such change is posted.
Your continued use of the Site after any changes to this
Agreement are posted will be considered acceptance of
those changes.
Crescent reserves sole discretion to
terminate use or access to any Crescent Web site(s)
or to any Products or Services without notice and for
any and all reasons, including but not limited a failure
to comply with the Terms and Conditions set forth in this Agreement; or to conduct that is or might be directly or
indirectly harmful to other users, to Crescent or its
subsidiaries, affiliates, business contractors, clients,
other third parties; or for any conduct that violates
any local, state, federal, or foreign laws or regulations.
Crescent might terminate, change, suspend
or discontinue any aspect of the Crescent Site, including
the availability of any features of the Site, at any time.
Crescent might also impose limits on certain features
and services or restrict your access to parts or all of
the Site without notice or liability. Crescent might
terminate the authorization, rights and license given
above and, upon such termination, you shall immediately
destroy all Materials.
Crescent reserves the right to monitor
some, all, or no areas of the Products and Services for
adherence to this Agreement or any other rules or guidelines
posted by Crescent.
Subject to the Terms and Conditions set forth
in this Agreement, Crescent grants you a non-exclusive,
non-transferable, limited right to access, use and display
this Site and the Materials thereon on your personal or
corporate computer only, not for broadcasting to any other
party.
This Agreement constitutes the entire Agreement
between you and Crescent with respect to your use of
the Site.
You acknowledge and agree that, regardless
of any statute or law to the contrary, any claim or cause
of action you might have arising out of, or relating to,
your use of the Crescent Web site or the Products
and Services must be filed within one (1) year after such
claim or cause of action arises, or forever be barred.
Should you violate the Terms and Conditions
of this Agreement or any other rights of Crescent,
Crescent reserves the right to pursue any and all legal
and equitable remedies against you, including, without
limitation, terminating any and all user accounts on any
and all of the Crescent Web sites.
Crescent failure to exercise any right
or provision of these Terms and Conditions shall not constitute
a waiver of such right or provision.
If for any reason a Court of competent jurisdiction
finds any provision or portion of this Agreement to be
unlawful, void, or unenforceable for any reason, the remaining
provisions shall remain in full force and effect, to the extent that the remaining provisions can be substantially
applied within the original intent of this Agreement taken
as a whole.
If for any reason a Court of competent jursidiction finds
a provision to be invalid, illegal or unenforceable, such a Court decision shall modify the provision to the minimum extent necessary
to make the provision valid, legal, and enforceable; or if modification is not possible, it shall sever the provision
from the Agreement, which will not affect the validity and
enforceability of the remaining provisions.
The Terms and Conditions in this Agreement
shall continue in effect for as long as you use the Products
and Services, unless specifically terminated earlier by
Crescent. All provisions of these Terms and Conditions
which impose obligations continuing in their nature shall
survive termination of these Terms and Conditions.
Any rights not expressly granted herein are reserved.
Certain Products and Services on this Site will require you
to register and provide certain data. In registering and
providing such data, you represent and warrant that:
The information about yourself is true, accurate,
current, and complete (apart from optional items) as required by various Crescent
registration forms ("Registration Data"); and
You will maintain and promptly update the Registration
Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate,
not current or incomplete, or Crescent has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, Crescent has the right to suspend or terminate your
account and refuse any and all current or future use of the Products and
Services.
Upon registering with Crescent, you
might receive a username and password. You are responsible
for maintaining the confidentiality of any username and
password issued by CSSL and are fully responsible for
all activities that occur under your username or password.
You agree to:
Immediately notify Crescent of any unauthorized use of your password or account or any other breach of security, and Ensure that you log out from your account at the end of each session.
Crescent will not be liable for any loss or damage arising from your failure to comply with
these requirements.
This Site is controlled, operated and administered by Crescent
from its offices within the British Virgin Islands or
other countries. Crescent makes no representation that
Materials at this Site are appropriate or available for
use at other locations outside of British Virgin Islands
and access to them from territories where their contents
are illegal is prohibited.
Persons who choose to access this site from
other locations are responsible for compliance with local
laws, if and to the extent local laws are applicable.
You might not use the Site or export the Materials
in violation of British Virgin Islands, United Kingdom, United States or any other country's export laws and regulations. The Terms
and Conditions in this agreement are governed by the laws
of the British Virgin Islands, without giving effect to
its conflict of laws provision(s).
The information contained in or made available through the
Crescent Sites and that of its affiliated companies
and any of its or their respective licensors or suppliers is provided for public knowledge purposes only, and does not constitute individualized legal advice. Your review
of the posted materials does not establish any form of
attorney-client relationship between you and Crescent
in any jurisdiction. The materials on this site are not
a replacement or substitute for the services of trained
professionals in any field, including, but not limited
to, legal, financial, security, or medical matters.
Neither Crescent nor any of its affiliated
companies, licensors, or suppliers make representations
or warranties concerning any treatment, action, application
or preparation by any person following the information
offered or provided within or through Crescent Site.
Neither Crescent nor its partners, or any of their
affiliates, will be liable for any direct, indirect, consequential,
special, exemplary or other damages that might result, including
but not limited to economic loss, injury, illness or death.
Unless specified in writing, Crescent does not warrant or
guarantee any products or services offered on the Crescent
Site, and unless otherwise specified, all products and
services are provided "as is" with no warranties
whatsoever.
All express, implied, and statutory warranties,
including, without limitation, the warranties of merchantability,
fitness for a particular purpose, and non-infringement
of proprietary rights, are expressly disclaimed to the
fullest extent permitted by law.
To the fullest extent permitted by law,
Crescent disclaims any warranties for the security,
reliability, timeliness, and performance of the products
and services, and for any information or advice obtained
through the products or services or any links provided
in the products and services.
Crescent does not warrant the accuracy
or completeness of the materials on the Crescent
Web site or the reliability of any advice, opinion, statement
or other information displayed or distributed through
the Site. You acknowledge that any reliance on any such
opinion, advice, statement, memorandum, or information
shall be at your sole risk.
Crescent reserves the right, in its sole discretion, to
correct any errors or omissions in any portion of the
Site. Crescent can make any other changes to the Site,
the Materials and the products, programs, services or
prices (if any) described in the Site at any time without
notice.
Neither Crescent nor any of its affiliated companies
nor any of its or their respective licensors or suppliers warrant that
any functions contained in the Crescent sites will be uninterrupted or
error-free, that defects will be corrected, or that the Crescent sites
or the server that makes them available are free of viruses or other
harmful components.
Neither Crescent nor any of its affiliated companies
nor any of its or their respective licensors or suppliers
warrant or make any representations regarding the use
or the results of the use of the services, products or
materials in this site in terms of their correctness,
accuracy, reliability, or otherwise. You (and not Crescent
or any of its affiliated companies or any of its or their
respective licensors or suppliers) assume the entire cost
of all necessary servicing, repair or correction.
You expressly understand and agree that
Crescent disclaims any and all responsibility or liability
for the accuracy, content, completeness, legality, reliability,
operability or availability of information or material
in the Products and Services. Crescent disclaims any
responsibility for the deletion, failure to store, failure
of performance, misdelivery or untimely delivery of any
information or material, any inaccuracy, error, omission,
interruption, completeness, defect, communication line
failure, alteration of, or use of any content herein,
regardless of cause, for any damages resulting therefrom.
Crescent disclaims any responsibility or liability
for any harm resulting from downloading or accessing any
information or material through the Products and Services,
including, without limitation, for harm caused by viruses,
worms, bots, or similar contamination or destructive features.
Crescent makes no warranties regarding the reliability
or accessibility of member web pages or any storage facilities
offered by Crescent.
You understand and agree that any material downloaded or
otherwise obtained through the use of the Products and Services is done
at your own discretion and risk and that you will be solely responsible
for any damages to your computer system or loss of data that results in
the download of such material. The user assumes the entire cost of all
necessary maintenance, repair or correction.
Some jurisdictions do not allow the disclaimer of
implied warranties. In such jurisdictions, the foregoing disclaimers might
not apply to you insofar as they relate to implied warranties.
You expressly understand and agree that under no
circumstances, including but not limited to negligence, shall Crescent
or any of its affiliated companies or any of its or their respective
licensors or suppliers be liable to any user on account of that user's
use or misuse of and reliance on the Products and Services or for any
special or consequential damages that result from the use of, or the
inability to use, the materials on the Crescent Sites, or any Products
or Services provided pursuant to the Crescent Sites, even if advised
of the possibility of such damages. Such limitation of liability shall
apply to prevent recovery of direct, indirect, incidental, consequential,
special, exemplary and punitive damages (even if Crescent has been
advised of the possibility of such damages). Such limitation of liability
shall apply whether the damages arise from use or misuse of and reliance
on the Products and Services, from inability to use the Products and
Services, or from the interruption, suspension, or termination of the
Products and Services (including such damages incurred by third parties).
Such limitation shall also apply with respect to damages
incurred by reason of other services or goods received through or
advertised on the Products and Services or received through any links
provided in the Products and Services, as well as by reason of any
information or advice received through or advertised on the Products and
Services or received through any links provided in the Products and
Services. Such limitation shall apply to the costs of procurement of
substitute goods or services, lost profits, or lost data. Such limitation
shall apply with respect to the performance or non-performance of the
Products and Services or any information or merchandise that appears on,
or is linked or related in any way to, Crescent. Such limitation shall
apply notwithstanding any failure of essential purpose of any limited
remedy. Such limitation shall apply to the fullest extent permitted by
law.
Such limitation of liability shall also apply to any damage
caused by loss of access to, deletion of, failure to store,
failure to back up, or alteration of member Web pages
or other content stored through the Crescent. For all
claims relating to Products and Services performance or
nonperformance under these terms and conditions, whether
in contract, tort, strict liability, or otherwise, including
without limitation, claims for failure of the system to
operate, in no event shall the total liability to you
of Crescent or any of its affiliated companies or their
respective licensors or suppliers for all damages, losses,
and causes of action, whether arising in contract, tort,
strict liability, or otherwise, exceed the fee, if any
paid by the user for the Product or Service.
Under no circumstances shall Crescent be held liable
for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer equipment
failures, telecommunication equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, floods,
storms, explosions, acts of god, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties; or loss of or fluctuations in heat, light, or air conditioning.
In some jurisdictions, limitations of liability are not
permitted. In such jurisdictions, the foregoing limitation might not apply
to you.
Crescent
might provide links to third party Web sites. Crescent
has no control over the content of such sites and resources
and accordingly, Crescent assumes no responsibility
for the content or availability, of any site linked from
the Crescent Web site. Furthermore, you acknowledge
and agree that Crescent is not responsible or
liable for any content, advertising, products, or other
materials on or available from such sites or resources.
You further acknowledge and agree that Crescent shall
not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such
content, goods or services available on or through any
such site or resource.
Your correspondence or business dealings with,
or participation in promotions of, advertisers found on
or through Crescent Products and Services, including
payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you
and such advertiser. You agree that Crescent shall
not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers on the
Product and Services.
Crescent might link you to Web sites containing
information or content that some people might find offensive.
Crescent makes no representations concerning any effort
to review the content of any of the sites linked from
the Crescent Web site. Crescent shall not be held
responsible for the accuracy, copyright or trademark compliance,
legality, or decency of material contained in sites listed
in Crescent directories or otherwise linked from the
Crescent web site or provided to Crescent by third
parties.
Crescent is not responsible for the availability
of any other site to which any of Crescent Sites links.
Under no circumstances will we be held responsible or
liable, directly or indirectly, for any loss or damage
that is caused or alleged to have been caused to you in
connection with your use of, or reliance on, any content,
goods or services available on any other site. You should
direct any concerns to that site's administrator or webmaster.
Crescent is always working to improve its Products and
Services and developing new features. If you have comments
or ideas regarding improvements or additions to Crescent,
we would like to hear them. Any submission will be subject
to these Terms and Conditions.
By submitting your suggestion or idea through
any means, you grant (or warrant that the owner of such
rights has expressly granted) Crescent and/or relevant
affiliated companies the worldwide, perpetual, nonexclusive
right to use your questions, comments, and postings, in
their original or edited form, online, or in any other
medium now known or later developed.
You also warrant that you own or otherwise
control all the rights to the content you have posted
and that the public posting and use of such content by
Crescent will not infringe the rights of any third
party.
Under no circumstances shall any disclosure
of any idea or related materials to Crescent be subject
to any obligation of confidentiality or expectation of
compensation. By submitting the idea and/or any related
material to Crescent you are waiving any and all rights
that you might have in the idea or any related material,
including but not limited to moral rights and are representing
and warranting to Crescent that the idea and/or related
materials are wholly original with you, that no one else
has any rights in the idea and/or materials and that Crescent
is free to implement the idea and to use the materials
if it so desires, as provided or as modified by Crescent,
without obtaining permission or license from any third
party.
Crescent will exclusively own all known or later-existing
rights to the Submission worldwide, and will be entitled
to the unrestricted use of the Submission for any purpose,
without compensation to the provider of the Submission.
Except as expressly provided, nothing within any of the
Products and Services shall be construed as conferring any license under
any of the Crescent's or any third party's intellectual property
rights, whether by estoppel, implication, waiver, or otherwise. Without
limiting the generality of the foregoing, you acknowledge and agree that
certain Content available through and used to operate Crescent and the
Products and Services is protected by copyright, trademark, patent, or
other proprietary rights of Crescent and its affiliates, licensors and
service providers.
Except as expressly provided to the contrary, you agree not
to modify, alter, or deface any of the trademarks, service marks, or
other intellectual property made available by Crescent in connection
with the Products and Services.
You might not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, or other content, products or services
obtained from the Crescent Site without the express written permission
of Crescent.
You agree not to hold yourself out as in any way sponsored
by, affiliated with, or endorsed by Crescent, any of Crescent'
affiliates, or any of Crescent service providers. You agree not to use
any of the trademarks or service marks or other Content accessible
through Crescent for any purpose other than the purpose for which such
Content is made available to users by Crescent. You agree not to
defame or disparage Crescent, the trademarks or service marks of Crescent,
or any aspect of the Products and Services. You agree not to adapt,
translate, modify, decompile, disassemble, or reverse engineer the
Products and Services or any software or programs used in connection with
the Products and Services or Crescent.
By using Crescent Web site you agree to indemnify Crescent
and its parents, subsidiaries, affiliates, officers, and
employees and hold them harmless from any and all claims
and expenses, including attorney's fees, arising from
your use of Crescent Web sites, your use of the Products
and Services, or your submission of ideas and/or related
materials to Crescent, or from any person's use of
any account or password you maintain with any portion
of Crescent, regardless of whether such use is authorized
by you.
If you are dissatisfied with any material
on any Crescent Sites, or with the terms and conditions
of use in this Agreement, your sole and exclusive remedy
is to discontinue using Crescent site.
By using Crescent, using the Products and Services, or
submitting any ideas and/or related materials to Crescent, you are
hereby agreeing to release Crescent and its parents, subsidiaries,
affiliates, officers, and employees from any and all claims, demands,
debts, obligations, damages (actual or consequential), costs, and
expenses of any kind or nature whatsoever, whether known or unknown,
suspected or unsuspected, disclosed or undisclosed, that you might have
against them arising out of or in any way related to such disputes and/or
to the Products and Services or to any disputes regarding use of ideas
and/or related materials submitted to Crescent
You acknowledge and agree that you and Crescent are independent
contractors under the Terms and Conditions of this Agreement,
and nothing herein shall be construed to create a partnership,
joint venture, agency, or employment relationship. Neither
party pursuant to these Terms and Conditions has authority
to enter into Agreements of any kind on behalf of the
other and neither party shall be considered the agent
of the other.
You agree not to resell, assign, sublicense, otherwise
transfer, or delegate your rights or obligations under these Terms and
Conditions without prior express written authorization of Crescent.
Without in any way limiting the prohibition on your resale,
assignment, sublicensing, or other transfer of rights or obligations,
these Terms and Conditions shall be binding upon and inure to the benefit
of the parties hereto and their respective heirs, successors, and
assigns.
Unless expressly stated to the contrary elsewhere within
the Products and Services, all legal issues arising from or related to
the use of the Products and Services shall be construed in accordance with,
and all questions with respect thereto shall be determined by, the laws
of the British Virgin Islands applicable to contracts entered into and
wholly to be performed within said territory.
Any controversy or claim arising out of or relating to
these Terms and Conditions or any user's use of the Products and Services
shall be settled by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in
Tortola, British Virgin Islands, and judgment on the arbitration award
might be entered at a court in BVI having jurisdiction thereof.
Any party seeking temporary or preliminary injunctive relief
might do so in a court in BVI having jurisdiction thereof.
Except as set forth above, the courts of BVI shall be the
exclusive forum and venue to resolve disputes arising out
of or relating to these Terms and Conditions or any user's
use of the Products and Services. By using the Products
and Services and thereby agreeing to these Terms and Conditions,
users consent to personal jurisdiction and venue in the
BVI courts with respect to all such disputes.
|