HARRIS-ARCHIVES.COM TERMS AND CONDITIONS
Last Updated on February 27, 2013
"our," or "Harris-Archives.com") which govern your use of the Harris-Archives.com website (collectively referred to herein as the "Site"). By using the Site and or the
service available through the Site (the "Service") you agree to be bound by the Terms. If you do not agree with all or any part of the Terms, you must
immediately leave the Site and discontinue use of the Service immediately. Prior to creating an account with the Site, you will be required to provide
from time to time, as we may determine in our sole discretion. Any changes to these Terms will be posted here and the "Last Updated" date will be revised
to reflect the date of such change. Your continued use of the Site or Service following the posting of any such revisions will be deemed your manifestation
of agreement to such revisions. In the event that you do not agree to any such revisions you must immediately cease using the Site and Service.
By using or viewing the Site or the Service, you represent and warrant to us that you are at least 18 years of age or the age of majority in your
jurisdiction, whichever is higher (the "Age of Majority"), and are not prohibited by law from using the Site or Service. If you use of the Site or Service
in violation of this section, you may be subject to legal action as a result. If you have minors in your household or who use your device(s), you can learn
about commercially available internet monitoring and blocking programs at www.cybersitter.com, www.netnanny.com and from other companies, providers or
entities. These companies are mentioned for informational purposes only and are not endorsed by Virtual Web Holdings Inc in anyway.
Sexually Explicit Content
The Site and Service contains sexually explicit pictures, videos or sounds. If you are offended, you do not wish to be exposed to this type of material, or
if it is illegal to view sexually explicit content in your community, you must immediately exit the Site and discontinue use of the Service immediately.
Our service offers online services including the ability to view photos and watch exclusive videos.
Full Membership: Full Memberships are Recurring Monthly Subscriptions meaning that you will automatically be billed at the Full Membership rate presented
and disclosed during the signup process until you cancel your membership. There is also a longer membership length non-recurring option available. Full
Memberships provide UNLIMITED ACCESS to website functionality as disclosed during the signup process. Virtual Web Holdings Inc employs an automatic rebill
procedure to ensure continuity of service. Virtual Web Holdings Inc reserves the right to change any Membership fees at any time, with or without prior
notice to you. Virtual Web Holdings Inc posts the current membership fees for the Site as part of the registration process.
You understand that the requirements of Membership ( and the discount provided to them) are greater than simply paying the fee. It is a condition of
Membership that all of the information you provide during your signup process, and in any other interaction with Us, shall be correct, current,
truthful, and complete. If You provide any false, misleading, incomplete, or otherwise incorrect information to Us, Your Membership and Your Membership
discounts are null and void. We have the right to terminate Your Membership at any time.
Membership may never be assigned, transferred, or sold to a third party. Membership is a single-user license. You are not authorized to share any of
our Materials with any person who does not have their own membership. If you do so, both You and the unauthorized viewer/User are jointly and severally
liable for any fees that will be due if there is no Membership discount in place for the unauthorized User.
Refund Policy: Virtual Web Holdings Inc manages the credit and refund policy for these websites on a case-by-case basis to determine the best course of
action pursuant to the customer's issue. Virtual Web Holdings Inc does not provide cash refunds. We may, however, grant credits in the form of free
monthly memberships to resolve customer service issues. The billing system used by Virtual Web Holdings Inc or our authorized agents provides extensive
credit card fraud protection measures and our Sites include many features to protect users from accidental charges. Therefore, refunds to your credit
card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment. Should a refund be
issued by Virtual Web Holdings Inc all refunds will be credited solely to the payment method used in the original transaction. Virtual Web Holdings Inc
will not issue refunds by cash, check, or to another credit card or payment mechanism
Duty to Provide Accurate Information.
You agree to provide true, accurate, current and complete information about yourself as requested in the Site's registration form and, if applicable, the
purchase option form (collectively, the "Registration Data"). In the event that we determine, in our sole discretion, that you have failed to provide us
with accurate and up-to-date Registration Data, we reserve the right to terminate and/or suspend all or portions of your membership.
Rules of Use.
In order to use and maintain your membership with the Site and Service, you must adhere to the following rules of use:
Without Our express prior written authorization, You may not:
Duplicate any part of the Site or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
Create any derivative works based on the Site or any of the Materials contained therein, and You agree and stipulate that any and all derivative works
are NOT "fair use";
Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate
that any and all such uses are NOT "fair use";
Re-distribute the Site or any of the Materials contained therein, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;
Use any meta-tags or any other "hidden text" using the Site's name or marks, and You hereby stipulate that any use of the Site's name or marks, or any
other marks owned by the Publisher is an infringement upon the Publisher's trademark rights, and You stipulate to liquidated damages of $5000 per such
infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney's fees and all associated costs.
"Deep-link" to any page of the Site (including the homepage), or avoid agreement to the Site's Terms & Conditions; you may only link to the main
Circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's
user name and password in order to gain access to a restricted area of the Site);
Use any data mining, bots, or similar data gathering and extraction tools on the Site;
Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable
Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party
the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement; or
Bookmark any page of the Site beyond the registration log-in screen.
You understand and agree that Virtual Web Holdings Inc reserves the right to change or discontinue, temporarily or permanently, your access to the Service
and Site in whole or part in response to any conduct that we determine, in our sole discretion, may have violated these Rules of Use. In such event, you
will not be provided with any partial or full refund for any amounts you may have paid for use of the Service.
We reserve the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
Responsibility for Login Information.
You understand that you are solely responsible for all uses and purchases made using your username and password. For this reason you should guard your
username and password against all third parties including turning off password saving functionalities available in certain web browsers and choosing a
password which is difficult to guess. Please notify us immediately of any actual or suspected unauthorized use of your username and password or any other
actual or suspected breach of security.
Publisher and the aforementioned name of the Site is a service mark and/or trademark of the Site. The name of the Site and the name of the Publisher are
considered trademarks owned by the Publisher. We aggressively defend our intellectual property rights.
Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive
property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and
All of the marks, logos, domains, and trademarks that You find on the Site may not be used publicly except with express written permission from Publisher,
and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Publisher.
The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by Publisher, is the Publisher's
proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials.
The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of
Publisher, except that you may print out a copy of the Materials solely for Your personal use. In doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
Modification or use of the Content except as expressly provided in this User Agreement violates the Publisher's intellectual property rights.
Neither title nor intellectual property rights are transferred to You by access to the Site.
All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data,
animation, images, downloadable materials, data compilations and software is the property of the Publisher or its content suppliers and is protected by
United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of the Publisher or its content
suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
A. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be
noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or Airborne. Notices by customers to
Publisher shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to
this provision of the Agreement.
C. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States
Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid,
registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall
be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was
completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business
hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated
address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an
act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the
postal authorities, messenger, facsimile machine, email server, or overnight delivery service
License to Use the Service.
By creating an account with the Service, we grant to you a limited, revocable license to use the Service. You understand that such license, regardless of
whether or not you purchase a Paid option, is not transferrable by you and may not be in any way sublicensed, resold or otherwise shared by you with any
third party. You agree that you will not attempt to access any portion of the Site or Service which you are not authorized to access, including attempting
to access or utilize the paid portions of the website without purchasing a Paid option.
Right to Cooperate with Law Enforcement.
We reserve the right to investigate, cooperate with law enforcement and prosecute (both civilly and criminally) any misuse of the Site or Service,
including actual or suspected misuse of billing information, a suspected or actual breach of the Rules of Use or any other suspected activity not in full
compliance with the letter and spirit of these Terms.
Messages to You.
In connection with providing the Service, we may determine to send emails to the email account provided by you. Such emails may contain information
regarding promotions or the status of your account. In the event that you no longer wish to receive promotional emails you should contact us at
Effect of Cancellation.
If you cancel your Membership there will not be any refund for unused time.
Harris-Archives.com reserves the right to terminate your account in the event that we believe in our sole discretion that you have breached these Terms in any way or
if we receive a subpoena, search warrant or other legal request or process relating to your account. In such event, your account will be made immediately
inaccessible and all messages, photos, videos and other content associated with your profile will be inaccessible to you. You understand that in the event
we terminate your account hereunder and you had previously purchased tokens, that no refund will be afforded to you. You agree that we have no liability to
you in the event of a termination and/or loss of data hereunder.
Third Party Advertisements.
The Site and Service may contain links to affiliated and unaffiliated third party websites. Virtual Web Holdings Inc is not responsible for the content of
any third party's advertisement or website. You understand that in the event you click on any advertisement or visit the webpage of any such third party
website, these Terms will not apply and may be subject to such third party's own terms and conditions.
Merger or Acquisition.
You understand that Virtual Web Holdings Inc is a growing company and that we may in the future sell all or any portion of the Site and/or Service by way
of sale, merger or otherwise. You understand that in order to effectuate such partial or whole transfer of the Site and/or Service, Virtual Web Holdings
Inc shall have the right to share and/or transfer all or part of your account information.
Limitations of Liability.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS
AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN ANY SOFTWARE, HARDWARE OR THE SERVICES
WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY USE YOU MAKE OF ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES. YOU AGREE THAT
OUR MAXIMUM LIABILITY TO YOU FOR ANY ALLEGED BREACH OF THIS AGREEMENT BY US, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF TOKEN
PURCHASES YOU HAVE PAID US IN THE PRECEDING SIX MONTH PERIOD.
Disclaimer of Warranties.
The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions,
and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any
kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement
or other information displayed, uploaded or distributed through the Service by us or any user of the Service or any other person or entity. You acknowledge
that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. If you are a California resident, you waive
California Civil Code § 1542, which states "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."
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
You agree to indemnify us, our affiliated entities, officers, directors, employees and agents, from any loss or damages, including without limitation
reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of these Terms or
any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve
the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain
liable for any such claim.
Governing Law and Severability.
By accessing or viewing the Site, you irrevocably agree that all use of the Site and Service, including the receipt of emails by you, shall be governed by
the laws of the state of California without regard to its conflict of laws provisions and any disputes arising out of these Terms will be subject to the
exclusive jurisdiction of an appropriate court in Los Angeles County, California. If any provision of these Terms is invalid or unenforceable under
applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.