Cancellation for trail and
full membership may ONLY be accomplished via email to Towers Management Services Inc. ( mailto:sales@diaper-girls.com?subject=Cancellation
of Service question). Upon cancellation of your account, you will
receive a Cancellation Confirmation email for your records.
6. Subscription
to the Service may be terminated at any time, and without cause,
by Towers Management Services Inc. upon notification to the subscriber
by electronic or conventional mail.
7. Towers Management Services Inc. has no responsibility for supplying Subscribers
with computer equipment or communications connections necessary
to access the Service. Subscribers are solely responsible for these
items.
8. Upon becoming
a Subscriber to the Service, Towers Management Services Inc. will provide
the Subscriber with a unique ID and password which allows access
to the Service. The ID and password is issued by Towers Management Services Inc. in the form of a revocable license and remain the property
of Towers Management Services Inc. and constitute proprietary information
and are the property of Towers Management Services Inc.. IDs and passwords
are non- transferable. Each Subscriber must keep his password strictly
confidential. Remember your password! For security reasons, Towers Management Services Inc. will not release passwords for any reason, except
as may be specifically required by law or court order. Transfer
of any ID or password to another person or entity, or allowing any
person or entity other than the Subscriber to access the Service
via such Subscriber's ID and password is strictly prohibited, and
is a breach of this Agreement and a violation of law.
9. Subscriber
hereby swears and affirms under oath, warrants and represents that
he/she is at least eighteen (18) years of age (21 in some jurisdictions)
and has the legal capacity to enter into agreements of this nature.
Towers Management Services Inc. makes no representation or warranty that
the content published on Diaper Girls complies with the local
laws of your jurisdiction. You are solely responsible for knowing
and understanding your local laws concerning standards of content
legality for purposes of obscenity laws. You further represent and
warrant that you understand the nature of the content published
on Diaper Girls, namely, sexually explicit materials, and that
you voluntarily and knowingly choose to view such material, and
that such material does not offend or vex your sensibilities. Should
you be unable to affirmatively make the representations and warranties
contained herein, do NOT subscribe to this Service.
10. Under no
circumstances, including, but not limited to, negligence, shall
Towers Management Services Inc. or any of its related, affiliated companies
be liable for any direct, indirect, incidental, special, consequential
or punitive damages that result from the use of, or the inability
to use the Service. Subscriber specifically acknowledges and agrees
that Towers Management Services Inc. is not liable for any defamatory,
offensive or illegal conduct of any user, or for any failure of
performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, alteration of or use of
records, whether under contract or tort theory, or under any other
cause of action, for any amount over and above the amount paid by
Subscriber to Towers Management Services Inc. for the preceding twelve
(12) months.
11. Towers Management Services Inc. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO
THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER
OWN RISK. Towers Management Services Inc., NOR ANY PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE
FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE
DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF,
THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR
THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, Towers Management Services Inc. MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE,
OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
12. PLEASE
NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING
THE EXCLUSION OF IMPLIED WARRANTIES.
13. Subscriber
agrees to indemnify and hold harmless Towers Management Services Inc.,
Diaper Girls, their officers, directors, managers, members, agents
and employees from any claims, losses, liabilities or expenses (including
reasonable attorneys' fees) arising out of Subscriber's breach of
any term, condition or promise contained herein. Should any such
claim for indemnification arise, or should any action be brought
by Subscriber or Towers Management Services Inc. relating to any services
or products offered by or through the Service, Subscriber agrees
to submit to the personal jurisdiction of the courts of the Province
of Labuan.
14. Except
for public domain material and electronic messages, all material
displayed on the Service is copyrighted by Towers Management Services Inc., or is licensed under copyright by Towers Management Services Inc.,
and may not be copied, redistributed, or downloaded, in whole or
in part, without the prior written consent of Towers Management Services Inc.
15. The Service
is for the private, non- commercial enjoyment of Subscribers only.
Any other use is prohibited specifically bulk download software
will not be allowed.
16. The Service
enables Subscribers to share information with other Subscribers.
Subscribers agree not to submit, publish, or display on the Service
any defamatory, inaccurate, abusive, threatening, racially offensive,
or illegal material. Transmission of such material that violates
any federal, provincial or local law, is prohibited and is a breach
of this Agreement.
17. Subscribers
agree not to engage in advertising to, or solicitation of other
Subscribers to buy or sell any products or services through the
Service without prior written consent. Subscribers are responsible
for information they send, or display through the Service even if
a claim should arise after termination of service.
18. There are
no facilities provided by the Service for sending or receiving private
or confidential electronic communications. All messages shall be
deemed to be readily accessible to the general public. Do not use
the Service for any communication for which the sender intends only
the sender and the intended recipient(s) to read. Subscriber hereby
acknowledges and agrees that all messages entered into this Service
can and may be read by the operators of the Service, whether or
not they are the intended recipient(s).
19. Notices
by Towers Management Services Inc. to Subscribers may be given by means
of electronic messages through the Service, by a general posting
on the service, or by conventional mail. Notices by Subscribers
must be given by electronic mail, unless otherwise specified in
the Agreement.
20. This Agreement
sets forth the full and complete understanding between Subscriber
and Towers Management Services Inc. with respect to its subject matter,
and supersedes all prior understanding or agreements, whether written
or verbal. This Agreement may be modified upon notice by Towers Management Services Inc. to its Subscribers. Unless contrary to law or
otherwise stated, each provision of this Agreement shall survive
termination. This Agreement shall be governed by, and construed
in accordance with, the laws of the Province of Labuan for contracts
entered into and wholly performed within that Province. The prevailing
party in any suit to enforce the terms hereof shall be entitled
to recover his/her/its reasonable attorneys' fees.