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Double Gemini Acceptable Use Policy
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Agreement |
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The Double Gemini Web Site (the "Service")
is an online information and communications service provided by
Double Gemini LLC. (" Double Gemini LLC"), subject to your
compliance with the terms and conditions set forth below including,
all exhibits hereto.
"Double Gemini LLC" and
the " Double Gemini LLC Logo" design are registered trademarks
of Double Gemini LLC in the United States and other countries. Other
marks, which appear on this Web site, may be marks of third parties
that are not affiliated with Double Gemini LLC. Double Gemini LLC
and its affiliates do not control or endorse the content of third
party Web sites.
Please read this Agreement carefully before accessing or using the
Service. By accessing or using the Service, you agree to be bound
by the terms and conditions set forth below. If you do not wish
to be bound by these terms and conditions, you may not access or
use the Service. If you utilize the Service in a manner inconsistent
with these terms and conditions, Double Gemini LLC may terminate
your access, block your future access and/or seek such additional
relief as the circumstances of your misuse indicate is proper. Double Gemini
LLC may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified Agreement.
You agree to review the Agreement periodically to be aware of such
modifications and your continued access or use of the Service shall
be deemed your conclusive acceptance of the modified Agreement.
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Operating Policies |
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You agree to comply with the Operating
Policies set forth in Exhibit A (as they may be amended by Double Gemini
LLC from time to time), which are the rules that govern your activity
in connection with the Service. Double Gemini LLC has the right but
not the obligation to remove any communications and materials that
Double Gemini LLC believes in its sole discretion violate the Operating
Policies. |
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Copyright and Licenses |
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The entire contents of the Service are
copyrighted under the United States copyright laws. The owner of
the copyright is Double Gemini LLC. You may print and download portions
of material from the different areas of the Service solely for your
own non-commercial use. You may make: (a) one machine-readable copy,
(b) one backup copy, and (c) one print copy of any portions of material
downloaded from the different areas of the Service solely for your
non-commercial use. Any other copying, redistribution, retransmission
or publication of any downloaded material, is strictly prohibited
without the express written consent of Double Gemini LLC or any third
party information provider to the Service. You agree not to change
or delete any proprietary notices from materials downloaded from
the Service. You agree to grant to Double Gemini LLC a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to sublicense,
to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to public areas of
the Service (such as bulletin boards, forums and newsgroups) by
all means and in any media now known or hereafter developed. You
also grant to Double Gemini LLC the right to use your name in connection
with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
Double Gemini LLC for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to us. |
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Use of the Service |
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You understand that, except for information,
products or services clearly identified as being supplied by Double Gemini
LLC, Double Gemini LLC does not operate, control or endorse any information,
products or services on the Internet in any way. Except for Double Gemini
LLC-identified information, products or services, all information,
products and services offered through the Service or on the Internet
generally are offered by third parties that are not affiliated with
Double Gemini LLC. You also understand that Double Gemini LLC cannot
and does not guarantee or warrant that files available for downloading
through the Service will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to
the Service for the reconstruction of any lost data. You assume
total responsibility and risk for your use of the Service and the
Internet. Double Gemini LLC does not make any express or implied
warranties, representations or endorsements whatsoever (including
without limitation warranties of title or no infringement, or the
implied warranties of merchantability or fitness for a particular
purpose) with regard to the Service, any merchandise, information
or service provided through the Service or on the Internet generally,
and Double Gemini LLC shall not be liable for any cost or damage
arising either directly or indirectly from any such transaction.
It is solely your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise and
other information provided through the Service or on the Internet
generally. Double Gemini LLC does not warrant that the Service will
be uninterrupted or error-free or that defects in the Service will
be corrected. The Service and any software made available on the
Service are provided on an "as is, as available" basis.
You understand further that the Internet contains unedited materials
some of which are sexually explicit or may be offensive to you.
You access such materials at your risk. Double Gemini LLC has no
control over and accepts no responsibility whatsoever for such materials.
In no event will Double Gemini LLC be liable for (I) any incidental,
consequential, or indirect damages (including, but not limited to,
damages for loss of profits, business interruption, loss of programs
or information, and the like) arising out of the use of or inability
to use the Service, or any information, or transactions provided
on the Service or downloaded or hyper linked from the Service, even
if Double Gemini LLC or its authorized representatives have been
advised of the possibility of such damages, or (II) any claim attributable
to errors, omissions, or other inaccuracies in the Service and/or
materials or information downloaded through, or hyper linked from,
the Service. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above
limitation may not apply to you. In such states, Clean Minute’s
liability is limited to the greatest extent permitted by law. |
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Indemnification |
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You agree to indemnify, defend and hold
harmless Double Gemini LLC, its officers, directors, employees, agents,
licensors, suppliers and any third party information providers to
the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation
of this Agreement by you.
Third Party Rights. The provisions of paragraphs 3 (Use of the Service),
and 4 (Indemnification) are for the benefit Double Gemini LLC and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
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Term; Termination |
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Either party may terminate this Agreement
without notice at any time for any reason; provided that you may
no longer use the Service after you have terminated this Agreement.
The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions),
3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights)
and 7 (Miscellaneous) shall survive any termination of this Agreement.
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Miscellaneous |
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This Agreement shall all be governed
and construed in accordance with the laws of the State of Michigan
applicable to agreements made and to be performed in Texas. You
agree that any legal action or proceeding between Double Gemini LLC
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in Michigan. Any
cause of action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. Double Gemini
LLC' failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of
this Agreement. Double Gemini LLC may assign its rights and duties
under this Agreement to any party at any time without notice to
you. |
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Quantities, Limits, Errors and Omissions |
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Double Gemini LLC may, at its own
discretion, limit or cancel quantities purchased per company, or
per order. These restrictions may include orders placed by the same
credit card, and also orders which use the same billing and/or shipping
address. Notification will be sent to the e-mail and/or billing
address provided should such change occur. We reserve the right
to limit the quantities sold, including the right to limit or prohibit
sales to dealers.
Prices and availability are subject to change without notice. Errors
will be corrected where discovered, and Double Gemini LLC reserves
the right to revoke any stated offer and to correct any errors,
inaccuracies or omissions including after an order has been submitted
and whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the
purchase and your order is cancelled, www.CleanMinutes.com will
issue a credit to your credit card account in the amount of the
charge. Individual bank policies will dictate when this amount is
credited to your account.
While Double Gemini LLC takes steps to ensure the accuracy and
completeness of product and third-party services provided, please
refer to the originator of information for details, for example
the manufacturer for complete product details. |
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Exhibit A: Operating Policies |
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Your participation in on-line communications
occurs in real time and is not edited, censored, or otherwise controlled
by Double Gemini LLC. Double Gemini LLC cannot and does not screen
content provided by users of the Service. Notwithstanding the foregoing,
Double Gemini LLC reserves the right to monitor content on the Service
and to remove content which Double Gemini LLC, in its sole discretion,
determines to be harmful, offensive, or otherwise in violation of
these Operating Policies. In order to maintain an informative and
valuable service that meets the needs of the users of the Service
and avoids the harm that can result from disseminating statements
that are false, malicious, violate the rights of others, or otherwise
harmful, it is necessary to establish the following rules to protect
against abuse:
i. Unless you are participating in an area of the Service that requires
or encourages anonymity, use your real name in online communications.
ii. You may not post or transmit any message which is libelous,
defamatory or which discloses private or personal matters concerning
any person. You may not post or transmit any message, data, image
or program which is indecent, obscene or pornographic.
iii. You may not post or transmit any message, data, image or program
that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks used in
an infringing fashion.
iv. You may not interfere with other users use of the Service.
v. You may not use any robot, spider, or other automatic device
or process to monitor or copy our web pages or any portion of the
content contained herein without our express written permission.
vi. You may not post or transmit any file which contains viruses,
worms, "Trojan horses" or any other contaminating or destructive
features.
vii. You may not post or transmit any message which is harmful,
threatening, abusive or hateful. It is not the Service's intent
to discourage you from taking controversial positions or expressing
vigorously what may be unpopular views; however, Double Gemini LLC
reserves the right to take such action as it deems appropriate in
cases where the Service is used to disseminate statements which
are deeply and widely offensive and/or harmful.
viii. You may not post or transmit charity requests, petitions for
signatures, chain letters or letters relating to pyramid schemes.
You may not post or transmit any advertising, promotional materials
or any other solicitation of other users of the Service for goods
or services except in those areas (e.g., a classified bulletin board)
that are designated for such purpose.
ix. You may not post or list articles which are off-topic according
to the description of the group or list or send unsolicited mass
emailing to 10 people or more if such e-mail could reasonably be
expected to provoke complaints from its recipients.
x. You may not use the facilities and capabilities of the Service
to conduct any activity or solicit the performance of any illegal
activity or other activity, which infringes the rights of others.
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