Nitro Web Media Pvt Ltd Web Site Agreement
The dazzlesmile.biz Web Site (the "Site") is an online information service provided by
Nitro Web Media Pvt Ltd ("dazzlesmile.biz "), subject to your compliance with the terms and
conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, 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 SITE.
dazzlesmile.biz MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are dazzlesmile.biz, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to dazzlesmile.biz a
non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, 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 any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to dazzlesmile.biz by all means and in any media now
known or hereafter developed. You also grant to dazzlesmile.biz 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 dazzlesmile.biz for any alleged or actual infringement or misappropriation of any
proprietary right in your communications to dazzlesmile.biz.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of dazzlesmile.biz. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as
being supplied by dazzlesmile.biz, dazzlesmile.bizdoes not operate, control or endorse any
information, products or services on the Internet in any way. Except for dazzlesmile.biz-
identified information, products or services, all information, products and services offered
through the Site or on the Internet generally are offered by third parties, that are not affiliated
with dazzlesmile.biz a. You also understand that dazzlesmile.biz cannot and does not guarantee or
warrant that files available for downloading through the Site 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
Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
dazzlesmile.biz PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, 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 dazzlesmile.biz 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. dazzlesmile.biz DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
dazzlesmile.biz HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL dazzlesmile.biz 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 FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF dazzlesmile.biz 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 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, dazzlesmile.biz LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
dazzlesmile.biz makes no representations whatsoever about any other web site which you may
access through this one or which may link to this Site. When you access a non-dazzlesmile.biz web site,
please understand that it is independent from dazzlesmile.biz, and that dazzlesmile.biz has no control
over the content on that web site. In addition, a link to a dazzlesmile.biz web site does not mean that
dazzlesmile.biz endorses or accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold harmless dazzlesmile.biz, 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 (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the
benefit of dazzlesmile.biz 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.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any
reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The
United States of America applicable to agreements made and to be performed in The United States of
America. You agree that any legal action or proceeding between dazzlesmile.biz 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 The United States of
America . 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. dazzlesmile.biz's 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.
dazzlesmile.biz may assign its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
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