Terms of Service
Last updated: May 11, 2020
Welcome! This site is maintained by As Seen Online LLC (“ASO”). By using this site, you agree to comply with and be bound by the terms and conditions herein. Please review these terms and conditions carefully, as they constitute a binding agreement. If you do not agree to any of these terms and conditions, you may not use this site.
3. Ownership. All content included on this site is and shall continue to be the property of ASO and/or any of its related or group companies and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted herein. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Product. We reserve the right to substitute USB drives: the actual USB drive you receive may not look the same as the drive shown in photos.
5. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
6. Site Use. ASO grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of ASO and ASO may terminate your use of this website at any time.
7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification. You agree to indemnify, defend and hold ASO and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or use of the Site.
9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. ASO DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL ASO BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
FURTHER, ASO IS UNDER NO CIRCUMSTANCES LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR OTHER DAMAGES RELATING TO THE USE OF THE ALBUMSAVER PRODUCT OR SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF PHOTOS AND/OR VIDEO FILES AND COMPUTER MALFUNCTION. YOU AGREE TO USE ALBUMSAVER ONLY AS A MULTIMEDIA BACKUP DEVICE IN CONJUNCTION WITH THE SOFTWARE PROVIDED WITH ALBUMSAVER BY ASO, AND AGREE NOT DELETE THE ORIGINAL MULTIMEDIA FILES FROM YOUR DEVICE, EITHER BEFORE, DURING, OR AFTER RUNNING THE PROVIDED SOFTWARE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
12. Copyrights. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated by this Site, please provide a notice containing all of the following information to [INFO@...]:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) 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.
13. Applicable Law. You agree that the laws of the state of New York, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and ASO shall be subject to exclusive jurisdiction of the state courts of New York.
14. Severability. If any provision of this Agreement shall be deemed by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that all other provisions remain in full force and effect.
15. Waiver. The failure of ASO to exercise or enforce any right or provision herein shall not operate as a waiver of such right or provision. Any waiver of these Terms by ASO must be in writing and signed by an authorized representative.
16. Termination. ASO may terminate the Site at or your access to the Site any time, with or without notice, for any reason.
17. Relationship of the Parties. Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Contact Information.