Use of the Official Website of GEORGEPAIVA.COM (the "Website") is subject to this Agreement as follows:
1. Website Ownership The Website is owned by GEORGEPAIVA.COM. All materials contained or distributed in the Website (the "Materials") are either owned by or licensed to GEORGEPAIVA.COM. The applicable owners and licensors retain all rights to the Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of GEORGEPAIVA.COM. Materials must not be used in any unauthorized manner.
Notices and Attribution. All text, photo, graphic, audio and/or video material (collectively, the "Materials") shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. I will not be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby. Corporate, governmental and institutional users may use portions of the Materials for internal printed communications and memoranda.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), GEORGEPAIVA.COM has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website (the "Designated Agent"). All such notifications relating to this Website must be submitted in a manner consistent with the DMCA to the following Designated Agent:
Service Provider: GEORGEPAIVA.COM.
License. By transmitting any Message or Screen Name, you are granting GEORGEPAIVA.COM a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message or Screen Name, in whole or in part, in any form, media or technology known or hereafter developed.
Message and Screen Name Review. GEORGEPAIVA.COM and its third-party providers (the "Vendors") act as a passive conduit in connection with your use of Message Features. However, GEORGEPAIVA.COM and its Vendors have the right, but not the obligation, to review, edit or delete any Message or Screen Name transmitted by you, and also to deny access to any Message Feature on a temporary or permanent basis. Display of any Message or Screen Name in any Message Feature does not constitute its approval or endorsement by GEORGEPAIVA.COM or its Vendors.
You acknowledge that Messages and Screen Names are not confidential and that they may be read, intercepted by others and widely accessible on the World Wide Web, and that you no have no expectation of privacy with regard to any such submission. You acknowledge that by submitting Messages and/or Screen Names to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and GEORGEPAIVA.COM and its Vendors other than as expressly set forth in this Agreement. You acknowledge that GEORGEPAIVA.COM is not responsible for, and cannot and does not guarantee, the accuracy or reliability of information in any Message posted or submitted by any user of the Website.
3. GEORGEPAIVA.COM may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. GEORGEPAIVA.COM may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
4. Sales from the Shop, Auction, Ticketing, Audio/Video, Mobile and Fantasy Sections of the Website are subject to the following special terms and conditions:
The Shop allows you to order products supplied by independent merchandise Vendors. Auctions allow you to purchase merchandise through an auction process (products purchased via the Shop and Auctions collectively referred to as the "Merchandise"). From the Audio/Video and Mobile sections, you can buy subscriptions to or downloads of audio, video and audiovisual content. (collectively, the "Services") From the RSS section, you can, among other things, subscribe to information feeds.
ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. GEORGEPAIVA.COM EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR, THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SHOP, AUCTIONS, AUDIO/VIDEO, MOBILE OR RSS SECTIONS, OR ANY FEATURE OR SERVICE THEREIN, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY FEATURE OR SERVICE, MERCHANDISE.
georgepaiva.com reserves the right to modify the price of any Merchandise or feature or Service. GEORGEPAIVA.COM is not responsible for any error in copy or images relating to Merchandise or feature or Service. Any auction or offer to sell any Merchandise or feature or Service, may be discontinued at any time in GEORGEPAIVA.COM's sole discretion.
With respect to Merchandise offered and/or sold via the Shop, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process (with the exception of any special order or customized/personalized products, which will be billed immediately after the order is received). Despite our best efforts, a small number of the items in our Shop or in our printed catalogs may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
By purchasing any features or Services via the Website, you acknowledge and agree that your credit card is being charged by the payment processor of GEORGEPAIVA.COM.
By utilizing a debit card for purchase of any features or Services, you authorize GEORGEPAIVA.COM to debit on the specified periodic basis (e.g., once per month for monthly Services) the amount described on the applicable Service or Services' checkout page(s).
The Services are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
The Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Billing, Automatic Renewal and Refund Policies for Certain Services: For certain Services purchased on a monthly basis (e.g., GEORGEPAIVA.COM Monthly subscriptions), the term begins when you purchase and ends on October 31 of that year, with monthly billing during each of March-October at the then prevailing monthly rate. Unless you signified otherwise at purchase, the subscription will automatically renew on March 1 of each subsequent year and end on October 31 of each subsequent year, with monthly billing resuming during each of March - October at the previous year's rate. To cancel your monthly subscription or this automatic renewal feature, send an e-Mail to email@example.com. Cancellation will become effective as of the next monthly billing cycle following receipt.
For Services purchased on a yearly basis (e.g., GEORGEPAIVA.COM Yearly subscriptions), the term begins when you purchase and ends on the last day of February of the next year, with one-time billing immediately following your purchase. Unless you signified otherwise at purchase, the subscription will automatically renew on March 1 of the next year at the previous year's rate. To cancel this automatic renewal feature send an e-Mail to firstname.lastname@example.org.
Refund Policies for Certain Subscription Services: In order to provide the highest customer satisfaction possible, GEORGEPAIVA.COM will refund the paid purchase price of (a) a yearly subscription to GEORGEPAIVA.COM if the refund request is received within ten (10) days of the date of purchase, and (b) a monthly subscription to GEORGEPAIVA.COM subscription if the refund request is received within five five (5) days of the date of purchase or within five (5) days of the last billing. To request a refund, send an e-Mail to email@example.com. Subscriptions otherwise are not subject to refund or credit.
By accepting this Agreement, you agree that GEORGEPAIVA.COM may notify you about changes to prices or services by sending an e-mail message to your e-mail address on file with GEORGEPAIVA.COM, and by publishing such notices from time to time on the informational page(s) of the website applicable to the Services. It is your responsibility to notify GEORGEPAIVA.COM of any change in your e-mail address by logging into GEORGEPAIVA.COM and using the online account management tool.
Programming, pricing, terms and conditions of Services are subject to availability and change.
Subscription activation for Services, and subsequent ability to access Services, may be subject to approval of your valid major credit card and verification of other information that you submit or is otherwise obtained by GEORGEPAIVA.COM (e.g., your IP address). Events may be cancelled or substituted when necessary. Applicable taxes are not included and are the responsibility of the subscriber.
5. Votes; Contests; Sweepstakes The Website may offer you opportunities to vote in connection with certain events including Games and also to enter contests and sweepstakes. By participating in any such event, you signify your agreement to all special terms set forth on the Website applicable to the event as well as the terms of this Agreement.
6. Linking The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the Website from or to other websites maintained by third parties, do not constitute an endorsement by GEORGEPAIVA.COM or any other GEORGEPAIVA.COM Entity of any third party website or content. GEORGEPAIVA.COM is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its website administrator or Webmaster.
7. Disclaimer of Warranties A. USE OF THE WEBSITE, THE SERVICES, AND MERCHANDISE ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
B. EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY THE APPLICABLE VENDOR, THE WEBSITE AND ALL MATERIALS CONTAINED OR DISTRIBUTED THEREIN, INCLUDING, BUT NOT LIMITED TO ALL MERCHANDISE, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
C. GEORGEPAIVA.COM DOES NOT WARRANT THAT: (1) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE, MERCHANDISE OR SERVICES WILL BE CORRECTED; (3) THE WEBSITE, THE MERCHANDISE OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE, THE MERCHANDISE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE.
8. Limitations on Liability A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERM SET FORTH BY GEORGEPAIVA.COM OR ANY ACT OR FAILURE TO ACT BY GEORGEPAIVA.COM OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE AND SCREEN NAME YOU TRANSMIT VIA THE WEBSITE.
B. IN NO EVENT SHALL GEORGEPAIVA.COM BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE SERVICES, OR MERCHANDISE.
C. IN NO EVENT SHALL GEORGEPAIVA.COM, ANY OTHER GEORGEPAIVA.COM ENTITY OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO ANY TRANSACTION FOR, MERCHANDISE, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GEORGEPAIVA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF GEORGEPAIVA.COM IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF GEORGEPAIVA.COM, ANY OTHER GEORGEPAIVA.COM ENTITY OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE OR THE SERVICES IS $50.
D. IN NO EVENT SHALL GEORGEPAIVA.COM OR ANY OTHER GEORGEPAIVA.COM ENTITY BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY WEBSITE FEATURE.
9. Indemnification You hereby agree to indemnify and hold the GEORGEPAIVA.COM Entities harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, the Services, and/or Merchandise purchased via the Website; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the "GEORGEPAIVA.COM Entities" shall mean GEORGEPAIVA.COM, and each of their subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with the GEORGEPAIVA.COM, and the directors, officers and employees of the above entities.
10. Termination GEORGEPAIVA.COM may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. GEORGEPAIVA.COM may also impose limits on certain features and Services or restrict your access to parts or the entire Website without notice or liability at any time in GEORGEPAIVA.COM's exclusive discretion, without prejudice to any legal or equitable remedies available to GEORGEPAIVA.COM, for any reason or purpose, including, but not limited to, conduct that GEORGEPAIVA.COM believes violates this Agreement or other policies or guidelines posted on the Website or conduct which GEORGEPAIVA.COM believes is harmful to other customers, to GEORGEPAIVA.COM's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by GEORGEPAIVA.COM in its sole discretion. In addition and without prejudice to any other remedy available to GEORGEPAIVA.COM, GEORGEPAIVA.COM may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by GEORGEPAIVA.COM.
11. Choice of Law; Jurisdiction; Attorneys' Fees This Agreement will be governed by the laws of the State of Connecticut applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within New Haven County, Connecticut will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. GEORGEPAIVA.COM will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
12. Miscellaneous This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. GEORGEPAIVA.COM in its sole discretion may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. Sections 7, 8, 9, 11, 12 and 13 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
LAST UPDATED: Monday, March 10, 2008.
You can visit and enjoy our Website without disclosing any personal information about yourself. However, we offer some special services, and for these services to work properly we will need you to share with us certain personal information about yourself. The personal information we collect may include, but is not limited to, first and last name, street address, e-mail address, telephone number (e.g., home, work, mobile and/or fax). We may also collect other personal information that will be identified on the applicable page(s) of the Website. If you submit any personal information to us, or to our third party service providers acting on our behalf, you can be assured that we will not sell, lease, or share your personal information with or to anyone else, except as follows: (1) to our third party service providers, and only so that they may help us provide the services you've requested and in certain circumstances to provide you with ticket related offers; (2) to one or more GEORGEPAIVA.COM entities, to the extent that you've submitted information that relates specifically to them (e.g., you've asked to receive the newsletter of one or more via email; or you've purchased specific merchandise from the store), so that they may learn more about people like you, and provide better services to you; (3) upon notice posted on an applicable location of our Website where we collect your personal information for an economic transaction and notify you that we will be sharing such information with a third party (i.e., sixsigmaRus.com), where such third party is clearly identified; and (4) on occasion, we may offer a special promotion (such as a sweepstakes, contests, or a free subscription to goods and services) on the Website in conjunction with a third party service provider, sponsor or promotional partner, and share your information with that sponsor or promotional partner so that it can send you other special promotions it offers, but only if you give us permission to do so.
Special Offers and Promotions. With your permission, we may also send you e-mails with special offers and promotions. If you don't want to receive these, you may change your preferences.
Information Automatically Collected. We use automatic methods such as cookies (small amounts of data, which often includes an anonymous unique identifier that is sent to your browser from a Website's computers and stored on your computer's hard drive) and single-pixel GIF images alone or in combination with personally identifiable information you choose to provide us, to make our Website work better, to understand Website usage and trends, deliver a more personalized experience and to improve our content and offerings. Examples of the information we collect and analyze using such methods include, without limitation, the Internet protocol (IP) address used to connect your computer to the Internet; e-mail address; login name and password; type and version, operating system, and platform; purchase history, which we may aggregate with similar information from other customers; the full Uniform Resource Locator (URL) clickstream to, on, and from our Website, including date and time; cookie information; products you viewed or searched for; and your purchase history. We may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
We do not install any spyware or adware in connection with our Website, or distribute any commercial message, or authorize any third party to distribute any commercial message, by means of spyware or adware. "Spyware" or "adware" is any software which has been downloaded to and/or installed on an Internet user's computer, without the user's actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
We use a third-party advertising company to serve ads when you visit certain pages of our Website. This company may use aggregated information (not including your name, address, email address or telephone number) about your visits to our Website in order to provide advertisements about goods and services of interest to you. If you would like more information about the information collection practices of this third-party advertising company, click here.
Aggregated Demographic Information. We may share aggregated demographic information with third parties, but this information is not linked to any personal information that can identify you or another individual person. Therefore, no personal information is disclosed in this manner.
Business Transfers. As time passes, GEORGEPAIVA.COM may be sold along with its assets, or other transactions may occur in which customer information is one of the business assets transferred. In such a case, the customer information which we have gathered may be one of the business assets we transfer.
Our Security Practices
Your preferences are password protected for your privacy and security. In certain areas, we use industry-standard SSL encryption to protect data transmissions.
How You Can Review Your Personal Information
If you want to review or revise the personal information you provided during registration on the Website, and whether you want to receive communications from us, you can either (1) click here to log in, and then click on the applicable menu option on the left side of the page, or (2) send an e-Mail to firstname.lastname@example.org. If you want to close your account with us and have us delete the personal information in it (except for information that we keep for record-keeping purposes), you should send an e-Mail to email@example.com..
Our registration and order forms contain a box for you to indicate whether or not you consent to receive special offers and promotions from us. Unless you give us your consent to use your personal information for these purposes, we and our partners will only use it to complete the transaction or provide the service or product you have requested. If you indicate that you consent to receive communications or solicitations, but you later change your mind, you can revise your preferences.
Special Rules For Children
If the registration form is not completed with a credit card number to verify parental consent, the child will not be able to access those of our activities requiring registration and we will not collect any personal information from that child. Failure to complete the registration form will also prevent the child from entering chat rooms or otherwise making personal information available to the public on the Website. A child's parent has the option to consent to the collection and use of their child's personal information without consenting to the disclosure of that information to third parties, but if such disclosure is necessary to make available a service which has been requested, then the child will not have access to such service.
Information Collected. Depending on the special service requested, personal information collected may include a name, email address, address or age of a child. We will not condition a child's participation in any activity on the Website, such as subscription services, on the child's disclosing more information than is reasonably necessary to participate in that activity.
A parent can review his or her child's personal information by accessing the child's preferences. A parent can instruct us to delete the child's personal information or to stop collecting or using the child's personal information by contacting the Privacy Administrator.
Information Use. We may use the personal information to provide the child with the special services for which he or she has registered, as well as for fulfilling a requested transaction, record keeping, marketing back to the child or making it publicly available through a chat room. (Please note that when anyone, including a child, uses a message board or chat room on our Website, the communications are publicly available to the other participants.)
Notification of Changes
LAST UPDATED AND EFFECTIVE DATE: Monday, March 10, 2008