Aisha Terms of Use Agreement
Welcome to Aisha. You must read and agree to these terms and conditions
before you may access or view our sites. Please read them carefully.
By visiting the Aisha website, you are agreeing to its terms. This
Agreement is subject to change at any time, and changes are effective
upon posting. Bookmark this page and check it frequently as it is
up to you to refer to this page for any amendments/changes to the
original Agreement.
1. Eligibility:
You must be eighteen or over to purchase any products or use this
site. Purchasing or membership in the service is void where prohibited.
By using and/or viewing this site, you represent and warrant that
you have the right, authority, and capacity to enter into this agreement
and to abide by all of the terms and conditions of this agreement
and that you are at least 18-years old (21-years old in AL, MS,
NE, WY, and any other location where 18 is not the age of majority)
- who are interested in and wish to have access to visual images,
verbal and written descriptions and audio sounds contained on this
site. Content which is available within this site may include graphic
visual depictions and descriptions should not be accessed by anyone
who is offended by such materials or who does not wish to be exposed
to such materials.
By using and/or viewing this site or purchasing from this site,
you represent and warrant under penalty of perjury the following:
A) That you are an adult, at least 18-years of age (21-years old
in AL, MS, NE, WY, and any other location where 18 is not the age
of majority).
B) That you will not permit any person(s) under 18-years of age
(21-years old in AL, MS, NE, WY, and any other location where 18
is not the age of majority) to have access to any of the materials
contained within this Site.
C) That you understand that when you gain access to this site, you
will be exposed to visual images, verbal descriptions and audio
sounds. You are voluntarily choosing to do so, because you want
to view, read and/or hear the various materials which are available,
for your own personal enjoyment, information and/or education.
D) That you further represent and warrant that you have not notified
any governmental agency, including the U.S. postal service, that
you do not wish to receive such material.
E) That you represent and warrant that you have not and will not
use and/or view the Site(s) in a restricted location - namely a
place, country, or location in which doing so would, or could be
deemed a violation of any law, regulation, rule, ordinance, edict
or custom.
2.
Termination:
Aisha's reserves the right to terminate your access to the site
for any reason or no reason. By sending notice to you at the email
address you have provided or such other email address as you may
later provide to us.
3.
Non-Commercial Use by Members/Viewers:
This Aisha site is for the personal use of viewers only and may
not be used in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not use site for any purpose including
but not limited to: sending unsolicited commercial e-mail to viewers,
sending advertisements for other web sites and services in this
site's chat rooms, or using personal identifying information for
commercial purposes. Illegal and/or unauthorized uses of the site,
including unauthorized framing of or linking to the site or the
sending of unsolicited commercial email will be investigated, and
appropriate legal action will be taken, including without limitation,
civil, criminal, and injunctive redress and/or termination of membership
at Aisha's sole discretion. In order to prevent the sending of unsolicited
commercial email or chat messages to its viewers, Aisha may take
reasonable steps to prevent such occurrences at Aisha's sole discretion.
4.
Proprietary Rights of Content on Aisha:
Aisha owns and retains other proprietary rights in the Aisha site
and the Aisha services. The site contains the copyrighted material,
trademarks, and other proprietary information of Aisha and its licensors.
Except for that information which is in the public domain or for
which you have been given permission, you may not copy, modify,
publish, transmit, distribute, perform, display, or sell any such
proprietary information.
5.
Content Posted on the Site:
A) Aisha claims immunity from liability to the fullest extent under
the law and as provided under the law for Content provided by third
parties and viewers and nothing in this agreement is intended to
waive, remove, or usurp such immunity. You understand and agree
that Aisha may delete any content, messages, photos or profiles
(collectively, "Content") that in the sole judgment Aisha
violates the Terms of Use or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of
Aisha and/or its members.
B) You are solely responsible for the content that you publish or
display (hereinafter, "post") on the Aisha site, or transmit
to Aisha Viewers.
C) By posting content to any public area of Aisha, you automatically
grant, and you represent and warrant that you have the right to
grant, to Aisha and its Viewers, an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and
distribute such information, rights of publicity, and content and
to prepare derivative works of, or incorporate into other works
and other media, such information and content, and to grant and
authorize sublicenses of the foregoing. As a visitor to Aisha if
you provide Aisha with your email address via a registration process
or post it on Aisha you thereby authorize Aisha and its affiliates
and any entities that Aisha becomes involved with or merges with,
the right to use and/or sell your valid email address for any marketing
programs or communications with you.
D) Aisha will investigate and take appropriate legal action in its
sole discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the
site or service. The following is a partial list of the kind of
content that is illegal or prohibited on the site - it includes
content that: is patently offensive to the online community, such
as content that promotes racism, bigotry, hatred or physical harm
of any kind against any group or individual; harasses or advocates
harassment of another person or invades their privacy; involves
the transmission of "junk mail", "chain letters,"
or unsolicited commercial e-mail or "spamming"; promotes
information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous; promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated
music files; contains restricted or password only access pages,
or hidden pages or images (those not linked to or from another accessible
page); displays pornographic or sexually explicit material of any
kind; provides material that exploits people under the age of 18
in a sexual or violent manner, or solicits personal information
from anyone under 18; provides content that involves cursing, swearing,
incest, falsifying gender, violence, necrophilia, impersonating
another member, threat of suicide or harm to oneself or others,
drug paraphernalia, or beastiality; provides instructional information
about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; sending advertisements in
chat or instant messaging messages; and engages in commercial activities
and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Aisha site in a manner consistent with any and
all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine
to bypass or to interfere or attempt to interfere with the proper
working of the Aisha site. You agree that you will not take any
action that imposes an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our site
is updated on a real time basis and is proprietary or is licensed
to Aisha by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the service.
You will not transmit any chain letters or junk email to other Aisha
viewers. Although Aisha cannot monitor the conduct of its viewers
off the Aisha site, it is also a violation of these rules to use
any information obtained from the service in order to harass, abuse,
or harm another person, or in order to contact, advertise to, solicit,
or sell to any member without their prior explicit consent.
H) The Guestbook is provided as a service to our visitors and is
not hosted on the Aisha site or controlled by Aisha and thus Aisha
cannot guarantee a response to your posting. It is hosted by Lycos
in a public space and Aisha is not responsible for anything posted
to the Guest Book. However, Aisha asks that you respect the rules
and regulations of the Lycos hosted Guest Book and that you conduct
yourself in the same manner as you would on Aisha’s site.
Posting information on the Guest Book is at your own risk.
6.
Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such
proprietary rights or otherwise have a valid basis under the law,
including "fair use". Without limiting the foregoing,
if you believe that your work has been copied and posted on the
Aisha site in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information consistent
with the Digital Millennium Copyright Act (DMCA): an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the our site
including the URLs of web pages and/or hyperlinks; your address,
telephone number, and email address; a written 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,
made under penalty of perjury, that the above information in your
Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf. Aisha’s Copyright
Agent for Notice of claims of copyright infringement can be reached
as follows:
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General Counsel,
Aisha
414 W. Sunrise Hwy. #324
Patchogue,
NY 11772
USA
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It is the intention of Aisha to fully comply with the DMCA, including
the Notice and "take down" provisions and to benefit from
the safe harbors immunizing it from liability to the fullest extent
provided by law, and to the extent the Notice and "take down"
requirements above deviate from the requirements under the DMCA
then the Notice requirements as provided by the DMCA shall control
and are herein incorporated by reference.
7.
Disputes:
Aisha does not control the information provided by other users that
are made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and safety when using our site.
You are solely responsible for your interactions with other Aisha
users. Because Aisha is not involved in user interactions, in the
event that you have a dispute with one or more members or those
who have posted, viewed, or used information on the Aisha site,
you release Aisha, including its officers, directors, agents, subsidiaries
and employees, from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code § 1542, which says: "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." Aisha reserves the right, but has no obligation,
to monitor disputes between you and other members.
8.
Privacy:
Use of the Aisha site and/or its service is governed by our Privacy
Policy, which may change from time to time.
9.
Disclaimers:
Aisha, including its officers, directors, agents, subsidiaries and
employees is not responsible for any incorrect or inaccurate content
posted on the site or in connection with the Aisha service, whether
caused by users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the conduct
of any user and/or viewer of the Aisha service whether online or
offline. Aisha assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized
access to, or alteration of, user and/or member communications.
Aisha is not responsible for any problems or technical malfunction
of any telephone network or lines, computer on-line-systems, servers
or providers, computer equipment, software, failure of email or
players on account of technical problems or traffic congestion on
the Internet or at any website or combination thereof, including
injury or damage to users and/or Viewers or to any other person's
computer related to or resulting from participating or downloading
materials in connection with the Aisha site and/or in connection
with the Aisha service. Under no circumstances is Aisha. responsible
for any loss or damage resulting from anyone's use of the site or
the service and/or any content posted on the Aisha site or transmitted
to Aisha Viewers.
The use of this site is for entertainment purposes only. Any purchases
made from this site, Aisha or is for entertainment purposes only
and Aisha makes no claims nor guarantee any medical, supernatural
or magical qualities for any product that is sold on this site.
The site, the service and the merchandise are provided "AS-IS"
and Aisha expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Aisha. cannot guarantee and does not
promise any specific results from use of the site and/or the purchases
of products made from Aisha, this site or the Aisha service, whether
the purchase is made on the site or by mail as provided. Once a
purchase has been made and delivered by Aisha, it is a final sale,
there are no refunds, reimbursements or replacements. Please read
the instructions and follow them carefully. Failure to follow the
instructions carefully may inhibit the result you are looking for
and Aisha and is not responsible and expressly disclaims the warranties
and fitness for a particular purpose as explained above.
10.
Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and
in that event liability is disclaimed to the fullest extent permitted
by law), in no event will Aisha be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special
or punitive damages, including also lost profits arising from your
use of the site or the Aisha service, even if Aisha has been advised
of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, Aishas’ liability to you for
any cause whatsoever, and regardless of the form of the action,
will at all times be limited to the amount paid, if any, by you
to Aisha for the service and/or product purchased.
11.
U.S. Export Controls:
Software from this site is further subject to United States export
controls. No software from this site may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
to which the U.S. has embargoed goods; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any
such country or on any such list.
12.
Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of
Use and/or your relationship with Aisha and/or your use of this
site shall be submitted to binding arbitration according to the
rules of the American Arbitration Association. The parties to the
arbitration shall evenly divide any and all costs of the arbitration.
Neither party shall be entitled to attorney fees. All parties submit
to exclusive jurisdiction in New York, New York. The arbitration
shall take place exclusively in New York City and shall be governed
by New York law without regard to its conflict of law provisions.
13.
Indemnity:
You agree to indemnify and hold Aisha, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's
fees, made by any third party due to or arising out of your use
of the service in violation of this Agreement and/or arising from
a breach of these Terms of Use and/or any breach of your representations
and warranties set forth above.
14.
Notices/Other:
Except as explicitly stated otherwise, any notices shall be given
by postal mail to:
----------------------------------------------------------------------
General Counsel,
Aisha
414 W. Sunrise Hwy. #324
Patchogue,
NY 11772
USA
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AISHA
PRIVACY POLICY
We understand that your privacy is very important to you. That's
why we've developed this policy to ensure that your privacy is protected
while using our services.
Table
of Contents
A Special Note About Children
About Aisha and Information We Collect
Our Use of Your Information
Our Disclosure of Your Information
Your use of Other Users' Information
Third Party Collections of Information
Security
1.
A Special Note About Children
Children under eighteen years of age are not eligible to use our
services. We ask that children not submit information to us.
2.
About Aisha and Information We Collect
Aisha is an online site which provides you with information, services
and products.
In the course of using our site, we may automatically track certain
information such as your IP addresses and email addresses. Many
sites automatically collect this information. If you choose to post
messages in our message areas, we will only display such information
about you as you choose to reveal. However, any information posted
in those areas are collected by us.
If you send us personal correspondence, such as emails or letters,
or if other users or third parties send us correspondence about
your activities or postings on the site, we may collect such information
into a file which is only accessed by authorized personnel. We may
also collect other users' comments about you in our complaints department.
3.
Our Use of Your Information
We internally use personally identifiable information of our users
to improve our marketing efforts, to statistically analyze site
usage, to improve our content and product offerings as well as to
customize our site's content and layout. We believe these uses allow
us to improve our site and better tailor your online experience
to meet your needs.
We may also use personally identifiable information about you to
deliver information to you that, in some cases, are targeted to
your interests, such as targeted banners and promotions.
We also send periodic informational updates to our Viewers via email.
We use personally identifiable information to resolve disputes,
troubleshoot problems and enforce our User Agreement.
4.
Our Disclosure of Your Information
We DO NOT sell or rent any personally identifiable information about
you to any third party without your permission. We do disclose information
in aggregate to advertisers and for other marketing and promotional
purposes. However, in these situations, we DO NOT disclose to these
entities any information that could be used to personally identify
you. Certain information, such as your credit card number, and bank
account number, are not disclosed in aggregate at all.
In order to maintain a healthy community, Aisha cooperates with
all law enforcement inquiries and with all third parties to enforce
their intellectual property or other rights.
5. Your use of Other Users' Information
Aisha and our users do not tolerate spam, harassment, or threats.
6.
Third Party Collections of Information
Our policy only addresses the use and disclosure of information
we collect from you. To the extent that you disclose your information
to other parties on our system or other sites throughout the Internet,
different rules may apply to their use or disclosure of the personal
information you disclose to them. While Aisha is working closely
with our partners to ensure the highest privacy to you, we encourage
you to ask questions before you disclose your personal information
to others.
7.
Security
Aisha has security measures in place to protect and prevent the
loss, misuse, and alteration of the information under our control.
Aisha uses industry standard efforts to safeguard the confidentiality
of your personal identifiable information such as firewalls. While
"perfect security" does not exist on the Internet, our
technical experts at Aisha work hard to ensure your secure use of
our services.
You agree that this Agreement and all incorporated Agreements may
be automatically assigned by Aisha, in our sole discretion, to a
third party. Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or extent of such
section. References to Aisha shall include its subsidiaries, affiliates,
officers, agents, and other partners and employees. Aisha’s
failure to act with respect to a breach by you or others does not
waive its right to act with respect to subsequent or similar breaches.
If any provision of this Agreement is held invalid, the remainder
of this Agreement shall continue in full force and effect.
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Aisha is located at:
414 W. Sunrise Hwy. #324
Patchogue,
NY 11772
USA |
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