AsianRoleplay.com website, as well as its associated content and services
(hereinafter "Website"), is owned or operated by ClearVista, LLC (hereinafter "ClearVista").
govern your use of the Website and to define your rights and duties in using the
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR
RIGHTS AND DUTIES IN USING THE WEBSITE AND YOU ARE ADVISED TO READ IT. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT, YOU MUST
IMMEDIATELY DISCONTINUE YOUR USE OF THE WEBSITE.
CLEARVISTA RESERVES THE RIGHT TO MODIFY, SUSPEND,
DISCONTINUE, SELL, OR REPLACE THE WEBSITE AT ANY TIME, WITHOUT NOTICE, AND IN
ITS SOLE DISCRETION. CLEARVISTA FURTHER RESERVES THE RIGHT TO MODIFY, SUSPEND,
DISCONTINUE, AMEND, OR REPLACE THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE, AND
IN ITS SOLE DISCRETION. YOUR USE OF THE WEBSITE AFTER A MODIFICATION, AMENDMENT,
OR REPLACEMENT OF THIS AGREEMENT CONSTITUTES YOUR MANIFESTATION OF INTENT TO
SAID MODIFICATION, AMENDMENT, OR REPLACEMENT.
Representations and Warranties
Use of the Website is void where prohibited. You represent
and warrant that you have the right, power, and legal capacity to enter into
this Agreement and to accept the duties and rights granted in it.
You represent and warrant that you are the age of 16 (applicable to users located in the EEA excluding the U.K.) or 13 (applicable to users located in the rest of the world including the U.K.) or older and that you will, in good faith, comply with the terms of this Agreement.
Grant of Limited License
The Website, including but not limited to the text,
software, scripts, graphics, photos, sounds, music, videos, interactive
features, and trademarks contained therein, is the property of ClearVista and is
protected by all applicable laws, intellectual property or otherwise. The
Website may not be used, modified, copied, distributed, framed, reproduced,
crawled, aggregated, reverse engineered, republished, downloaded, scraped,
displayed, posted, transmitted, or sold in any form or by any means, in whole or
in part, without the prior written consent of ClearVista. The foregoing
prohibition on crawling and aggregation will not apply to search engines or
non-commercial and publicly available archives that appropriately comply with
ClearVista's robots.txt file.
ClearVista hereby grants you a limited, non-exclusive, non-sublicensable,
royalty free, non-assignable, and revocable license to use the Website for your
personal and non-commercial use. You are expressly prohibited from reproducing,
modifying, distributing, publishing, licensing, creating derivative works of,
selling, publicly displaying, or publicly performing the Website outside of the
uses expressly stated in this Agreement.
ClearVista may provide you with the ability to register a
member account, which may provide you with access to additional areas and
features of the Website that are not accessible to non-members (hereinafter
"Member Account"). Your Member Account is protected by a username and password.
You acknowledge that you are solely responsible for maintaining the security and
confidentiality of your username and password and for any access to your Member
Account, whether authorized or unauthorized. In the event your Member Account is
accessed without your authorization, you agree to immediately provide notice to
You have a duty to ensure that the information that you
provide through your Member Account is truthful, current, complete, and
accurate. You understand and agree that you have an ongoing duty to update and
keep current the information provided through your Member Account if and when
that information changes. You are expressly prohibited from creating a Member
Account that impersonates another person, contains offensive or obscene
language, or otherwise violates the rights of a third party. You expressly agree
that you will not register more than one Member Account and that you will not
use your Member Account to interfere with or disrupt a third party's enjoyment
and use of the Website. ClearVista reserves the right to restrict access to,
suspend, disable, or delete your Member Account at any time, in its sole
discretion, and without prior warning. You are expressly prohibited from
selling, leasing, lending, assigning, or otherwise transferring your Member
By creating a Member Account, you expressly agree that
ClearVista may contact you by any available means, including but not limited to
User Generated Content
ClearVista may allow you to create user generated content
through or to upload user generated content to the Website, including but not
limited to photographs, videos, sound files, profile information, text, and
biographical information (hereinafter "User Generated Content"). ClearVista does
not claim any ownership rights in your User Generated Content and, should you
submit User Generated Content to the Website, you retain ownership of your User
Generated Content subject to the non-exclusive license granted to ClearVista
herein. You hereby provide ClearVista with a non-exclusive, irrevocable,
sublicensable, worldwide, perpetual, and royalty-free license to reproduce,
prepare derivative works of, distribute copies of, perform publicly, and display
publicly any and all User Generated Content that you submit to the Website in
any form and for any and all purposes of the Website.
You represent and warrant that you own any and all User
Generated Content that you create through or upload to the Website, that your
User Generated Content will not violate the rights of third parties, including
but not limited to privacy rights, publicity rights, intellectual property
rights, or other proprietary rights, that your User Generated Content will fully
comply with the terms of this Agreement, and that your User Generated Content
does not violate any applicable law or regulation anywhere in the world.
This Agreement will remain in full force and effect until
otherwise terminated pursuant to the terms of this Agreement. ClearVista
reserves the right to remove, edit, deny, restrict, reject, or refuse any User
Generated Content submitted through your Member Account. ClearVista has the right but not the obligation to monitor and edit all Content provided by users.
Third Party Links
The Website may contain links to third party content and
websites that are not owned or controlled by ClearVista. You acknowledge and
agree that ClearVista is not responsible and cannot be held liable for third
party content and Websites.
You are expressly prohibited, through your use of the
Website, from violating any law, statute, ordinance, regulation, or treaty, from
violating the rights of a third party, and from using the Website outside of its
customary and intended uses. More specifically (but without limitation), you are
expressly prohibited from:
Harassing, stalking, or threatening other users or third parties;
Using a robot, spider, scraper, or other automated technology to access
Imposing a disproportionate load on the Website or its server
infrastructure or otherwise attempting to interfere with the operation of the
Framing the services or otherwise falsely suggesting a relationship with,
the sponsorship of, or the approval of ClearVista;
Circumventing the Website's copy protection measures or security
Posting or transmitting content that threatens or encourages bodily harm
or destruction of property;
Posting or transmitting content that infringes upon the intellectual
property rights of other users or third parties;
Posting or transmitting content that is defamatory, invasive, obscene,
pornographic, or offensive;
Posting or transmitting content that incites racism, hatred, or bigotry;
Posting or transmitting content that contains nudity or links to adult
Posting or transmitting content that constitutes fraud, an unwanted
commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
Posting or transmitting content that promotes or aids in criminal
Posting or transmitting content that contains viruses, spyware, adware,
or other malicious or harmful code;
Posting or transmitting content that constitutes false advertising,
including but not limited to a violation of Part 255 of the FTC's false
advertising regulations; and
Posting or transmitting content intended to collect personal or
personally identifiable information from users or third parties.
If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
ClearVista reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
ClearVista reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
ClearVista is constantly updating product and service offerings on the Website. ClearVista may experience delays in updating information on the Website and in our advertising on other web sites. The information found on the Website may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Website and ClearVista cannot guarantee the accuracy or completeness of any information found on the Website.
ClearVista therefore reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Interactive Computer Service
The Website is an "interactive computer service" as those
terms are defined under Section 230 of the Communications Decency Act. Though
ClearVista undertakes commercially reasonable efforts to ensure that your
experience of the Website is safe and enjoyable, you use the Website at your own
risk. Though ClearVista will not be treated as the publisher or speaker of any
tortious content posted to the Website, ClearVista reserves the right to remove
any content from the Website that it determines is offensive, unlawful,
threatening, defamatory, obscene, or otherwise objectionable, which will be
determined in ClearVista's sole and absolute discretion.
You expressly agree to defend, indemnify, and hold harmless
ClearVista, its parents, subsidiaries, partners, affiliates, directors,
officers, employees, shareholders, managers, vendors, independent contractors,
agents, successors, and assigns, from and against any and all claims, costs
(including attorneys' fees), damages, liabilities, judgments, and expenses of
any kind arising out of or related to (1) your use or misuse of the Website; (2)
your breach of any term or condition of this Agreement, (3) your violation of
any applicable law, regulation, statute, treaty, or ordinance, or (4) your
violation of the rights of a third party. ClearVista retains the right to
exclusively control and direct its defense of any claim, cost, damage,
liability, judgment, or expense subject to indemnification. You duty to defend,
indemnify, and hold harmless ClearVista will survive the expiration,
termination, or failure of this Agreement.
Disclaimer of Warranties
CLEARVISTA DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR
LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT
NOT LIMITED TO PERSONAL INJURY. CLEARVISTA PROVIDES THE WEBSITE ON AN AS-IS
BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME
JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE
LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT CLEARVISTA WILL NOT BE LIABLE
TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT ARISE OUT OF THE USE AND
LICENSE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF
INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE
DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT CLEARVISTA WILL
ONLY BE LIABLE TO YOU FOR THE AMOUNT PAID FOR THE WEBSITE, AND IN NO CASE WILL
THAT AMOUNT EXCEED $1,000. IF NO AMOUNT IS PAID BY YOU TO CLEARVISTA, YOU AGREE
THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF DAMAGES. IF YOUR STATE OR PROVINCE DOES NOT ALLOW THE EXCLUSION OR
LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL
RIGHTS UNDER THE LAW OF YOUR STATE.
You understand and agree that you will hold harmless and
indemnify ClearVista, including its members, agents, successors, assigns,
independent contractors, and employees, from and against any and all claims,
demands, damages, obligations, losses, liabilities, costs or debts, and
expenses, including but not limited to attorneys' fees, that arise from your use
of or access to the Website, your violation of any term or condition of this
Agreement, your violation of the rights of a third party, or your violation of
any applicable law, statute, regulation, ordinance, or treaty, whether local,
state, provincial, national, or international. This obligation to hold harmless
and indemnify ClearVista will survive the failure or termination of this
Agreement or your use of the Website.
You hereby understand and agree that you are prohibited
from assigning your rights and obligations under this Agreement. ClearVista may
assign its rights and obligations under this Agreement at any time, including
but not limited to in a sale of the Website.
Resolution of Disputes
This Agreement will be interpreted under and governed by
the laws of the State of Arizona without giving effect to any conflicts of laws
principles. You agree that any claim or dispute that you may have against
ClearVista will be exclusively resolved through arbitration.
YOU AND CLEARVISTA AGREE THAT ARBITRATION WILL BE THE
EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO
THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING ANY DISPUTES CONCERNING THE
VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT.
ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN PINAL COUNTY, ARIZONA AND WILL
BE HELD IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION
RULES RELEASED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR WILL HAVE
THE DISCRETION AND AUTHORITY TO AWARD COSTS AND ATTORNEYS' FEES TO THE
PREVAILING PARTY AND WILL DECIDE THE ARBITRATION PROCEEDING UNDER THE LEGAL
PRINCIPLES AND LAWS OF THE STATE OF ARIZONA. THE LOSING PARTY WILL BE REQUIRED
TO PAY THE PREVAILING PARTY'S REASONABLE ATTORNEYS' FEES. YOU AND CLEARVISTA
AGREE THAT BOTH PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF
ARIZONA IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THIS AGREEMENT. YOU AND
CLEARVISTA AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR
OR ARBITRATION PROCEEDING.
A finding that any term or provision of this Agreement is
invalid or unenforceable will not affect the validity or enforceability of this
Agreement. Any term or provision of this Agreement that is found to be invalid
or unenforceable will be reformed to the extent necessary to make it valid and
You understand and agree that no term or provision of this
Agreement will be deemed to have been waived and no breach will be deemed to
have been consented to unless said waiver or consent is in writing and signed by
the party to be charged.
reference constitute the entire agreement between you and ClearVista with
respect to the Website. You understand and agree that there are no further
understandings, agreements, or representations with respect to the Website that
are not specified in this Agreement. You understand and agree that any
additional provisions that may appear in any communication from you will not
ClearVista does not knowingly collect personally identifiable information from anyone under the age of 16 (applicable to users located in the EEA excluding the U.K.) or 13 (applicable to users located in the rest of the world including the U.K.). If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If ClearVista inadvertently collects personally identifiable information, ClearVista will delete the personally identifiable information in accordance with its security protocols.
CLEARVISTA AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE
CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR
WILL PERMANENTLY BAR ANY AND ALL RELIEF.
All rights not expressly granted herein are reserved to