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TERMS & CONDITIONS
Welcome to the AIM ATTITUDE INC, we run, operate and control www.aimattitude.com (the “Site”) and creators.aimattitude.com. AIM ATTITUDE INC provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
- Acceptance of Terms
- Legal capacity to Transact
If you are not up to the age of 18 m, do not use the platform. By accepting these terms and Conditions you acknowledge that you are over the age of eighteen (18) years. If AIM ATTITUDE INC suffers any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with AIM ATTITUDE INC.
- Description of Service
- AIM ATTITUDE INC is a marketplace that allows users to offer, sell and buy goods and services. The actual contract for sale is directly between the sellers and buyers.
- You agree that you are solely responsible for all costs and expenses that you may incur in relation to your use of the site, keeping your password and other account details confidential. Please note that users will be able to enter into different transactions and make payments while using this platform but AIM ATTITUDE INC is not in any way connected with such transactions and will not be liable for any loss suffered as a result of such transaction.
- You agree that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the service, are the sole responsibility of the person from whom such content originated. More specifically, you are entirely responsible for each individual item (“Item”) of content that you post, email or otherwise make available via the Service. You understand that AIM ATTITUDE INC does not control, and is not responsible for Content made available through the service, and that by using the Service, you may be exposed to content that is offensive, indecent, inaccurate and misleading.
- You and AIM ATTITUDE INC agree that you shall continue to own all content, trademark, trade secret, on the website copyright any other associated right for such period and agree that AIM ATTITUDE INC can and is empowered to use such Content to enable in line with the terms and conditions herein.
- Third Party Content
You acknowledge and agree that you have the express permission of the business or person whose content is going to be used, to use their image or likeness to enable inclusion and use of the content in the manner contemplated by the service, the website and these terms. By submitting any content on the platform, you grant AIM ATTITUDE INC royalty-free, perpetual, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, distribute, display, and perform the content in connection with the website and AIM ATTITUDE INC’S (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the website and content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known.
- Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AIM ATTITUDE INC’S agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at:
Your Email: _________________
Please provide our Agent with the following Notice:
- Identify the material on the AIM ATTITUDE INC’S site that you claim is infringing, with enough detail so that we may locate it on the website;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you declaring under penalty of perjury that (i) the above information in your notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical and/or electronic signature.
Subject to the terms and conditions of this Agreement, AIM ATTITUDE INC hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the application by displaying it on your device only for the purpose of accessing and operating and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this application or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the application or make any use of the application for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.
Users are vehemently and specifically prohibited from engaging in the following:
- Committing, aiding, perpetuating a criminal offense, send or spread trojan, virus, worm or any technologically dangerous and heinous materials or substance on this app.
- Engaging in any data mining, data harvesting, data extracting, or any similar activity in relation to this website.
- Corrupt data, hack into any aspect of the service or cause a provocation on other app users.
- Sending spam [i.e. unsolicited advertising or promotional materials] or a plot to disrupt the performance of the computer facilities of or accessed through this application.
- Uploading obscene and corrupt photos or videos like pornography.
- Wrong use of the website in any way that may occasion or cause harm to the website or contrary to the stipulated applicable laws and regulations.
- That is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person.
- That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- That includes personal or identifying information about another person without that person’s explicit consent.
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the service, or that otherwise negatively affects other users’ ability to use the service.
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose.
- Collect personal data about other users for commercial or unlawful purposes.
Any contravention of any of the terms and conditions expressly set out here will result into substantial and irreparable which will also amount to a criminal offense. We will report such contravention and violation to the relevant law enforcement agencies and reveal your identity to them so be properly guided please as we frown against illegality and wrongful use of this application.
- Posting Agents
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post content to the service on behalf of others. To moderate demands on AIM ATTITUDE INC’S resources, you may not use a posting agent to post Content to the Service without express permission or license from AIM ATTITUDE INC. Correspondingly, Posting Agents are not permitted to post content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from AIM ATTITUDE INC.
- Paid Posting
To be entitled to this service, the user may have to make a particular payment to have their content posted in a particular section of the service. The fee is an access fee permitting content to be posted in a particular area. You agree that AIM ATTITUDE INC shall not at any time be responsible for any content posted, but the party posting such content shall be responsible for it and will adhere strictly to the terms. All fees paid will be non-refundable in the event that content is removed from the Service for violating the terms. You agree that AIM ATTITUDE INC shall not at any time be responsible for any content posted, but the party posting such content shall be responsible for it.
Subject to your compliance with these terms, AIM ATTITUDE INC grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the platform solely in connection with your use of the services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by AIM ATTITUDE INC and AIM ATTITUDE INC’S licensors.
The Services and all rights therein are and shall remain AIM ATTITUDE INC’S property or the property of AIM ATTITUDE INC’S licensors. Neither these terms nor your use of the services convey or grant to you any rights: (i) in or related to the services except for the limited license granted above; or (ii) to use or reference in any manner AIM ATTITUDE INC’S company names, logos, product and service names, trademarks or services marks or those of AIM ATTITUDE INC’S licensors.
- Intellectual Property
All intellectual property rights on AIM ATTITUDE INC shall be owned by AIM ATTITUDE INC absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the creators.aimattitude.com are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of AIM ATTITUDE INC. AIM ATTITUDE INC shall own exclusive rights, including all intellectual property rights and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
AIM ATTITUDE INC and other AIM ATTITUDE INC’S logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of AIM ATTITUDE INC in New York and/or other countries (collectively, the “AIM ATTITUDE INC Marks”). You acknowledge that is the owner and licensor of the AIM ATTITUDE INC Marks, including all goodwill associated therewith, and that your use of the AIM ATTITUDE INC marks will confer no additional interest in or ownership of the AIM ATTITUDE INC marks in you but rather inures to the benefit of Aim Attitude Inc. You agree to use the AIM ATTITUDE INC marks strictly in accordance with AIM ATTITUDE INC’S trademark usage guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that AIM ATTITUDE INC determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that use the AIM ATTITUDE INC marks or any derivatives of the AIM ATTITUDE INC marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by AIM ATTITUDE INC in writing; (2) use the AIM ATTITUDE INC marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the AIM ATTITUDE INC marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair AIM ATTITUDE INC’S rights as owner of the AIM ATTITUDE INC marks or the legality and/or enforceability of the AIM ATTITUDE INC marks, including, challenging or opposing AIM ATTITUDE INC’S ownership in the AIM ATTITUDE INC marks; (4) apply for trademark registration or renewal of trademark registration of any of the AIM ATTITUDE INCMarks, any derivative of the AIM ATTITUDE INC marks, any combination of the AIM ATTITUDE INC Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the AIM ATTITUDE INC Marks; (5) use the AIM ATTITUDE INC Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this license may result in immediate termination of the license, in AIM ATTITUDE INC’S sole discretion. If you create any materials bearing the AIM ATTITUDE INC Marks (in violation of this Agreement or otherwise), you agree that upon their creation AIM ATTITUDE INC exclusively owns all right, title and interest in and to such materials, including any modifications to the AIM ATTITUDE INC marks or derivative works based on the AIM ATTITUDE INC Marks. You further agree to assign any interest or right you may have in such materials to AIM ATTITUDE INC, and to provide information and execute any documents as reasonably requested by AIM ATTITUDE INC to enable AIM ATTITUDE INC to formalize such assignment.
This disclaimer governs the use of our website; please note that by using this website, you agree to be bound by the content of this disclaimer. If you are at variance with any part of this disclaimer, please do not use this website.
The Information from, on or through this website is provided ‘’AS-IS’’ ‘’AS AVAILABLE’’ and we disclaim all warranties, express or implied (including but not limited to the disclaimer of any implied warranties of merchantability and fitness to purpose. While we ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
You agree that under no circumstances will AIM ATTITUDE INC, its officers, agents or anyone else involved in creating or providing the service be liable for any direct, indirect, incidental, special or consequential damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service or that results from mistakes, omissions, interruptions ,deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services. AIM ATTITUDE INC, does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the service will be corrected.
You agree to defend, indemnify, and hold AIM ATTITUDE INC including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of AIM ATTITUDE INC and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through AIM ATTITUDE INC or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- No spam policy
Any unauthorized use of AIM ATTITUDE INC computer systems for sending unsolicited email advertisements to AIM ATTITUDE INC email addresses or through AIM ATTITUDE INC computer systems is expressly prohibited by these terms and is a violation of these terms and certain federal and state laws, this is not allowed please. In the same way, we have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We will never send out any misleading information. We will not sell, rent or share your email address.
- Limitations of Service
- You acknowledge that AIM ATTITUDE INC may establish limits concerning use of the Service, including the maximum number of days that content will be retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Service, and the frequency with which you may access the service. You agree that AIM ATTITUDE INC has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the service. You acknowledge that AIM ATTITUDE INC reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that AIM ATTITUDE INC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- AIM ATTITUDE INC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF AIM ATTITUDE INC, EVEN IF AIM ATTITUDE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AIM ATTITUDE INC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF AIM ATTITUDE INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AIM ATTITUDE INC SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AIM ATTITUDE INC’S REASONABLE CONTROL.
You may not assign these terms without AIM ATTITUDE INC’S prior written approval. AIM ATTITUDE INC may assign these terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of AIM ATTITUDE INC’S equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
- Trademarks and copyright
All trademarks on this website belongs to each trademarks owners so therefore except the contrary is expressly stated, all persons (inclusive of their names and images), third party trademarks and contents or locations featured on this website are in no way associated or affiliated to AIM ATTITUDE INC and should not be relied on the existence of such connection or affiliation. Where a brand name is referred to, it is only used to describe the services and platform and it is in no way an assertion that such services are endorsed by or connected to AIM ATTITUDE INC. You are not permitted to distribute, modify, transmit, reuse, report or use the contents of the site for public or commercial purposes. This includes the use of any text, images, and audio and without the express written permission of AIM ATTITUDE INC. The images of people or places displayed on this website are either owned by AIM ATTITUDE INC or are used with permission. The use of these images by you or anyone else authorized by you is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. The trademarks and other AIM ATTITUDE INC graphics, logos and services names may not be used in connection with any service that is not under AIM ATTITUDE INC ownership or control. Also such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits AIM ATTITUDE INC.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
- Dispute Resolution
Any dispute relating in any way to your visit to the creator.aimattiude.com or to products you purchase through this website, shall be submitted to confidential arbitration in New York except that to the extent you have in any manner violated or threatened to violate AIM ATTITUDE INC’S Intellectual property rights, AIM ATTITUDE INC may seek injunctive or other appropriate relief in any state or federal court in the state of New York and United States of America and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules the America Association Arbitration. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the platform or the terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The failure of AIM ATTITUDE INC to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision.
- Violation of Terms and Liquidated Damages
Please report any violations of the terms by flagging the posting(s) for review, or by contacting us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for AIM ATTITUDE INC to pursue legal action to enforce these terms, you will be liable to pay AIM ATTITUDE INC a specified amount as liquidated damages, which you accept as reasonable estimates of AIM ATTITUDE INC damages for the specified breaches of these terms. Some of the terms that AIM ATTITUDE INC may demand damages for includes:
- If you post a listing and/or a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
- If AIM ATTITUDE INC establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the service, you agree to pay damages for each listing and/or message posted in excess of such limits or for each day on which you access AIM ATTITUDE INC in excess of such limits, whichever is higher.
- If you send unsolicited email advertisements to AIM ATTITUDE INC email addresses or through AIM ATTITUDE INC computer systems, you agree to pay AIM ATTITUDE INC damages for each such email.
- If you post content in violation of the terms, other than as described above, you agree to pay AIM ATTITUDE INC damages for each Item of content posted. In its sole discretion, AIM ATTITUDE INC may elect to issue a warning before assessing damages.
- If you are a posting agent that uses the Service in violation of the terms, in addition to any liquidated damages under clause (d), you agree to pay damages for each and every Item you post in violation of the terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the terms) agrees to pay AIM ATTITUDE INC an additional damages as may be specified by AIM ATTITUDE INC for each Item posted by the Posting Agent on behalf of the Principal in violation of the terms.
- If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content (except for your own Content) in violation of these terms without AIM ATTITUDE INC’S express written permission, you agree to pay AIM ATTITUDE INC damages for each day on which you engage in such conduct.
- If you collect personal data about other users for commercial or unlawful purposes, and/or if you make unsolicited contact with anyone for any commercial purpose in violation of these terms without AIM ATTITUDE INC’S express written permission, you agree to pay AIM ATTITUDE INC damages for each day on which you engage in such conduct. Otherwise, you agree to pay AIM ATTITUDE INC’S actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms, AIM ATTITUDE INC retains the right to seek the remedy of specific performance of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms, or any combination thereof.
- Applicable Law
The terms and conditions of on this website shall be governed in accordance with the laws of the state of New York.
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