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 (“Taste@Luxury”) owned and operated website (the “Site”) and the various, social networking applications and services offered by Taste@Luxury (the “Services”), whether now known or hereafter developed. This Agreement also governs your participation in any public areas of the Site, such as social networking, review areas or bulletin boards (the “Public Areas”), provided by the Site. Please read the requirements of this Agreement carefully. Your use of and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit the Site.

SUSPENSION OR TERMINATION OF YOUR USE

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Taste@Luxury other remedies. Taste@Luxury further reserves the right to terminate, without notice, any user’s access to or use of the Site for any reason.

TERMINATION

 

Taste@Luxury reserves the right without notice, at any time and for any reason, to terminate the Site or any portion thereof or any products or Services offered through the Site.

SITE INFORMATION IS PROVIDED “AS IS.”

Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. Adamis Group may change, delete or update any Site Information at any time and without prior notice.

USE OF THE SERVICE BY YOU.

You may view and use the Site Information only for your personal information. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use the Site and the Services is personal to you — you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

NON-COMMERCIAL USE ONLY

The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Adamis Group. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

ELIGIBILITY TO USE THE SITE AND THE SERVICES

The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. Adamis Group does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Adamis Group. If a child under 13 submits information through any part of the Site, and Adamis Group becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

REGISTRATION WITH THE SITE

You may need to provide us with certain information, including your name, address, phone number, email address and credit care, to open an account with us. We will assist you in creating a user id and a password to protect your account information.

UNACCEPTABLE CONTENT

 

Adamis Group may make certain Services available to registered users and facilitate such users’ ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials (“Content”), to Public Areas and/or private portions of the Site, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of the Site, you agree not to post any unacceptable Content (“Unacceptable Content”). By using the Site and posting Content to the Site, you agree to adhere to these restrictions and you further agree to indemnify Adamis Group and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your postings of Content, from your unauthorized use of Content, and from your non-compliance with these restrictions and these Terms of Use. The following list outlines some known limits for Unacceptable Content but does not set forth a comprehensive listing of Unacceptable Content and practices prohibited by the Site. Adamis Group reserves the right, at any time, without notice, to delete, edit, and/or remove from the Site any Content and to bar any user from posting Content to the Site. Further, Adamis Group may change these restrictions at any time without prior notice by updating this section on the Site. Unacceptable Content includes, but is not limited to, Content that is: * Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts; * Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person; * Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy; * Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes; * Is libelous, defamatory, or knowingly false or misrepresents another person; * Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity; * Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights; * Includes any material that is encrypted or that involves the transmission of “junk mail,” unsolicited mass mailing or spamming, or unauthorized advertising; * Is harmful to Adamis Group’s or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information; * Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and * Is intended to offer professional legal, medical, investment, or other such advice; and * Consists of any other Content that Adamis Group in its sole discretion deems to be Unacceptable Content.

USE OF THE SITE IS AT YOUR OWN RISK

 

Any information disclosed in Public Areas of the Site is public information that may be viewed and collected by any party. Adamis Group cannot control the use of information disclosed through the posting of Content on Public Areas of the Site. We urge you to protect your privacy by not disclosing your home address, telephone numbers, and other personally identifiable information. You acknowledge that your posting and use of Content is at your own risk. You agree that Adamis Group and its third party service providers are not responsible and shall have no liability to you, with respect to any Content posted to the Site by you or others, including any Unacceptable Content that violates these restrictions. Adamis Group, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of your posting or use of any Content.

CONTENT POSTED BY USERS IS NOT ENDORSED BY ADAMIS GROUP

Adamis Group does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on the Site. Any Content placed on the Site, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Adamis Group or its third party service providers. Adamis Group reserves the right, but undertakes no duty or obligation, to review, edit, move or delete any Content posted on the Site, in its sole discretion, without notice. You agree that Adamis Group and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to the Site by others, including Unacceptable Content that violates this Agreement. If you have a question about whether a particular site is linked to and/or has a business relationship with the Site, or have a general question about Adamis Group, please email us at info@adamis.us for more information. INDEMNIFICATION. You agree to indemnify Adamis Group and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your Content submissions, from your unauthorized use of the Services or Site Information obtained through the Site, or from your breach of this Agreement.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED “AS IS,” AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ADAMIS GROUP, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. ADAMIS GROUP DOESN NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY CONTENT, OPINION, ADVICE OR OTHER STATEMENTS ON THIS SITE OR AVAILABLE THROUGH LINKS ON THIS SITE.

ADAMIS GROUP, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SITE. ADAMIS GROUP, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER, YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

 

YOU HEREBY AGREE TO RELEASE ADAMIS GROUP, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. 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.

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