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Hands of a Carpenter (2003), experimental documentary, Mini DV, 6 min. Brother Felix is a Trappist monk at the New Melleray Abbey in Eastern Iowa. When not in quiet contemplation, Felix spends much of his day working on affordable simple, yet elegant pine wood coffins. 11.5. Sole Infringement Remedy of O'Neil. 13.2. Force Majeure. Neither Party shall have any liability to the other Party for any failure or delay due to any Force Majeure Event. In the event of such a Force Majeure Event, the time for performance or cure will be extended for a period equal to the duration of the Force Majeure Event, but in no event more than thirty (30) days, and thereafter the Party that is not subject to the Force Majeure Event may terminate this Agreement immediately for any material uncured breach. Subject to your acceptance of and compliance with this Agreement and with the payment requirements for the Services that are set forth on the applicable Service Fee detail page on the O'Neil DataTech LLC Website (as such payment terms may be updated from time to time), we hereby grant the Licensee a limited, non-exclusive, non-transferable, non-sublicenseable right and license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. 11.5.1. If the Services, or any portion thereof, is endangered or disrupted due to infringement, misappropriation or violation claims made by third parties, O'Neil shall have the right, but not the obligation, at its sole and absolute discretion to: (i) modify or replace all, or the infringing, violating or misappropriated part, of the Service so that they are no longer infringing, violating or misappropriating, provided that the Service is functionally equivalent in all material respects to the Service in effect; or (ii) procure the right to continue using the infringing, violating or misappropriated part of the Service; or if in O'Neil's sole discretion O'Neil cannot reasonably do any of the actions provided for in clauses (i) or (ii) above, refund to Licensee the fees for the current period and terminate this Agreement. 9. Intellectual Property Rights The services covered by this Agreement are web services that O'Neil makes available to facilitate and assist with the management of assets/records by end users, third party software providers, and or commercial record centers. Services are provided under specific brand name as detailed below: 3.1. Term. The term of this Agreement ("Term") will commence, and you may begin using the Services paypal casino express, once you agree to the terms and conditions of this Agreement by clicking the "Accept" button below and complete the registration process for your O'Neil Web Services account. The Agreement will remain in effect until terminated by you or us in accordance with Section 3. 8.1. Non-Confidential Information. Notwithstanding the obligations set forth in Section 8 above, the confidentiality obligations of the parties shall not extend to information that (i) is, as of the time of its disclosure, or thereafter becomes part of the public domain through no fault of the receiving party; (ii) was already in the receiving party's possession without restriction on disclosure at the time of disclosure; (iii) is independently developed by the receiving party without use of the other party's Confidential Information; (iv) is rightfully obtained from a third party without restriction on disclosure; (v) is aggregated statistical information; or (vi) is required by law to be disclosed. 13.3. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California (excluding any conflicts of laws provisions) and applicable laws of the United States of America, and without regard to the United Nations Convention on Contracts for the International Sale of Goods. O'Neil may terminate this Agreement for any reason or no reason at all by providing the Licensee with a ninety (90) day written notice of termination in accordance with Section 12. 12.1. To Licensee. Except as otherwise set forth herein, notices made by O'Neil to the Licensee under this Agreement that affect our Licensees generally (e.g. notices of updated fees iphone casino apps definition, etc.) will be posted on the O'Neil DataTech LLC Website. Notices made by us under the Agreement for you or your account specifically (e.g. notices of breach and/or suspension) will be provided to you via the email address provided us in your registration for the Services or in any updated email address you provide to us in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email. 13.5. Equitable Relief. Each Party acknowledges that a breach of Sections 4.2, 8. and 9.4 cannot reasonably or adequately be compensated in damages in an action at law and that such a breach shall cause the other Party irreparable injury and damage. By reason thereof, each Party agrees that the other Party shall be entitled, in addition to any other remedies it may have under this Agreement or otherwise and in addition to its right to escalate within management of the Parties and mediation as provided herein, to seek preliminary and permanent injunctive and other equitable relief to prevent or curtail any breach of the obligations relating to or to enforce the performance under Sections 4.2. 8. and 9.4 by the other Party. 13.6. Attorneys Fees. If either Party to this Agreement shall bring any action free online casino canada near, suit, counterclaim, appeal, arbitration myvegas mobile slots codes, or mediation for any relief against the other, declaratory or otherwise, to enforce the terms hereof or to declare rights hereunder, the losing Party shall pay to the prevailing Party reasonable attorneys' fees and costs incurred in bringing and prosecuting such action and/or enforcing any judgment, order, ruling or award. 11.1. General. Each Party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other Party and its directors, officers, members, shareholders roulette real money free, managers, employees and agents (the "Indemnified Parties") from and against any and all losses, damages, expenses (including reasonable attorney's fees) and liabilities resulting from any legal claims, actions or proceedings asserted by a third party against one or more of the Indemnified Parties arising out of, in connection with or based upon: (i) any breach of a representation or warranty made by the Indemnifying Party in this Agreement (ii) any breach of any covenant or obligation required to be performed, or complied with, by the Indemnifying Party contained in this Agreement; (iii) any negligent acts or omission of or any willful misconduct by an Indemnifying Party (including Indemnifying Party's personnel, subcontractors and agents. 10.2. Applications and Content. Licensee represents and warrants that: (i) it is solely responsible for the development, operation safe online casino evolution, and maintenance of its Application and for Licensee Content and User Content, including, without limitation, the accuracy, security, storage, back-up, appropriateness and completeness of Licensee Content, User Content and all product-related materials and descriptions; (ii) it has the necessary rights and licenses, consents, permissions, waivers and releases to use and display its Application and the Licensee Content and User Content; (iii) neither its Application nor the Licensee Content (a) violates, misappropriates or infringes any Intellectual Property Rights of O'Neil or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability black jack canada 777, sexual orientation, or age; and (iii) that Licensee will conduct its business in a professional manner and in a way that reflects favorably on the goodwill and reputation of O'Neil. 13.7. Release. The expiration or termination of this Agreement for any reason whatsoever shall not be deemed a release, nor shall it relieve either Party from any obligation under this Agreement which may have accrued prior thereto. 13.8. Relationship of Parties. The relationship of O'Neil and Licensee hereunder is that of independent contractors. In all matters relating to this Agreement, each of O'Neil and Licensee shall be solely responsible and liable for the acts of its employees and agents, and employees or agents of either Party shall not be considered employees or agents of the other. Neither Party shall have any right, power or authority to create any obligation, express or implied, on behalf of the other Party, nor shall O'Neil or Licensee act or represent or hold itself out as having authority to act as an agent or partner of the other, or in any way to bind or commit the other to any obligations. Nothing in this Agreement is intended to create or constitute an employment, joint venture, partnership, agency, trust or other relationship or association of any kind between the Parties. 5. License to Use O'Neil Properties The parties each acknowledge and agree that in the course of performance of this Agreement, they may be exposed to or acquire information which is proprietary to or confidential to the other party (including, without limitation, any information relating to technology, marketing, product development or business plans, licensees or prospects, trade secrets and any other information not generally known to the public). Any and all of the foregoing information in any form obtained by the other party or its, agents how to play casino games cards, employees, consultants or representatives in the performance of this Agreement shall be deemed to be the confidential and proprietary information of such party. The parties agree to use reasonable efforts to hold such information in confidence but not less than those efforts that the party receiving such information uses to protect the confidentiality of its own confidential information of a similar nature, and (except as permitted hereunder) not to copy, reproduce, sell, assign, license, market, transfer, give or otherwise disclose such information to third parties or to use such information for any purposes whatsoever, without the express written permission of the other party, other than for the performance of this Agreement, and to advise each of their employees, agents and representatives of their obligations to keep such information confidential. All such confidential and proprietary information described herein, in whatever form, is hereinafter collectively referred to as "Confidential Information." The parties shall use commercially reasonable best efforts to assist each other in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the foregoing, the parties shall use commercially reasonable best efforts to advise each other promptly in the event that either learns or has reason to believe that any person who has had access to Confidential Information has violated the terms of this Agreement, and to cooperate in seeking injunctive relief against any such person. 10.3. Risk of Applications. Licensee understands, acknowledges and agrees that Licensee is solely and exclusively responsible for the development online gambling canada milk, operation, and maintenance of Licensee's Application and for all materials that appear on or within Licensee's Application, and Licensee further understands, acknowledges and agrees that it shall, without limitation, be solely and exclusively responsible for the following without any liability or cost to O'Neil: (i) administering and maintaining the technical operation of its Application, loss of data, data storage and back-up; (ii) the accuracy and appropriateness of any materials posted on or within its Application (including, among other things, any product-related materials); (iii) ensuring that its Application accurately and adequately discloses, either through a privacy policy or otherwise, how Licensee collects, uses, stores, and discloses data; and (iv) any of its Users' Losses, Claims or liabilities relating to its Application. 11.3. Exclusion of Certain Damages. NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF RECORDS, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT. 3.3. Termination by O'Neil Other Than for Cause. 6.2. Security by O'Neil. To protect the information and data which is transmitted over, across or through the Service via the Application, O'Neil shall, and shall only be required to, follow the following security procedures: (i) O'Neil shall ensure that the Service shall be protected at all times with industry-standard software and hardware firewalls, intrusion detection software and virus protection software casino online slots scatter, (ii) O'Neil shall procure an SSL Certificate for the Service; and (iii) O'Neil shall establish and maintain standard authentication procedures utilizing unique username and passwords regarding access to the Service by Licensee and its Users, such that each User's unique username and password will permit each such User access only to such User's User Records. 10.4. Warranty Disclaimer. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT PURSUANT TO THIS SECTION 10, O'NEIL AND LICENSEE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT THERETO INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIS AGREEMENT online casino management degree, O'NEIL MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE OR THE SERVICES PROVIDED THEREUNDER, ANY ADDITIONAL SERVICES PROVIDED UNDER THIS AGREEMENT OR TO ANY OTHER PRODUCTS OR SERVICES OF O'NEIL. O'NEIL DOES NOT WARRANT THAT THE SERVICE OR THE SERVICES PROVIDED THEREUNDER ARE ERROR FREE, OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION. 3.4.2. Five (5) days following our provision of notice to you in accordance with the notice provisions set forth in Section 12 below if you breach any other provision of this Agreement and fail, as determined by us, in our sole discretion, to cure such breach within such 5 day period. 8.2. Name Use. Except as otherwise agreed in writing by the Parties, neither Party shall use the name, trade name, trademark or service mark of the other Party or its parents, subsidiaries or affiliates without prior written consent of the other. By continuing to use or receive the Services after the effective date of any revisions to this Agreement or any Additional Policies, you agree to be bound by the revised Agreement or any revised Additional Policies. It is your responsibility to the check the O'Neil DataTech LLC Website regularly for changes to this Agreement or the Additional Policies, as applicable. We last modified this Agreement on the date set forth at the top of this Agreement.
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