Terms of UseWelcome to Aisha Enterprise. You must read and agree to these terms and conditions before you may access or view our site or sites. Please read them carefully. By visiting the Aisha Enterprise site, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. 1.
Eligibility: 2.
Termination: 3.
Non-Commercial Use by Members/Viewers: 4.
Proprietary Rights of Content on Aisha Enterprise: Aisha Enterprise owns and retains all proprietary rights in the Aisha Enterprise site and the Aisha Enterprise services. The site contains the copyrighted material, trademarks, and other proprietary information of Aisha Enterprise and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, including, but not limited to, the guest book, Hope Lounge, FAQs area, product names and product descriptions, emails and email responses, instructions, logos, trademarks, copyrights, pictures and all downloadable products (.pdf files and mp3 files). You should assume that everything you see or read on the Site is copyrighted or trademarked and unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the written permission of Aisha Enterprise. Aisha Enterprise neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Aisha Enterprise. Aisha Enterprise will protect its Intellectual Property to the fullest extent of the law and will aggressively prosecute all infringers of its Trademarks and Copyrights. Violation of the Trademark law, Trademark infringement, a violation under section 1125 (a) or (d) of title 15 of the US Code, or a willful violation under section 1125 (c) of the US Code, may result in the recovery of (1) the
Violator’s profits, In a case involving the use of a counterfeit, in connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits an award of statutory damages for any such use in connection with the sale, offering for sale, or distribution of goods or services in the amount of— (1) not
less than $500 or more than $100,000 per counterfeit mark per type
of goods or services sold, offered for sale, or distributed, as the
court considers just; or If someone copies anything on the Aisha Enterprise site, Aisha Enterprise will prosecute them to the fullest extent of the law under the Copyright Law. Violation of the Copyright law, Copyright infringement, under US Code, Title 17, section 504, an infringer of copyright is liable for either: (1) the
copyright owner’s actual damages and any additional profits of
the infringer, or Actual Damages and Profits: The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer’s profits, the copyright owner is required to present proof only of the infringer’s gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work. (c)
Statutory Damages. — the copyright owner may elect,
at any time before final judgment is rendered, to recover, instead
of actual damages and profits, an award of statutory damages for
all infringements involved in the action, with respect to any one
work, for which any one infringer is liable individually, or for
which any two or more infringers are liable jointly and severally,
in a sum of not less than $750 or more than $30,000 as the court
considers just. For the purposes of this subsection, all the parts
of a compilation or derivative work constitute one work. 5.
Content Posted on the Site: B) You are solely responsible for the content that you publish or display (hereinafter, "post") on the Aisha Enterprise site, or transmit to Aisha Enterprise Viewers. C) By posting content to any public area of Aisha Enterprise, you automatically grant, and you represent and warrant that you have the right to grant, to Aisha Enterprise and its Viewers, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to Aisha Enterprise if you provide Aisha Enterprise with your email address via a registration process or post it on Aisha Enterprise you thereby authorize Aisha Enterprise and its affiliates and any entities that Aisha Enterprise becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you. D) Aisha Enterprise will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or beastiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. E) You must use the Aisha Enterprise site in a manner consistent with any and all applicable laws and regulations. F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Aisha Enterprise site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Aisha Enterprise by our users or third parties. G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Aisha Enterprise viewers. Although Aisha Enterprise cannot monitor the conduct of its viewers off the Aisha Enterprise site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. H) The Guestbook is provided as a service to our visitors Posting information on the Guest Book is at your own risk. I) While Aisha Enterprise uses reasonable efforts to include accurate and up to date information in the Site, Aisha Enterprise makes no warranties or representations as to its accuracy. Aisha Enterprise assumes no liability or responsibility for any errors or omissions in the content of the Site. 6.
Copyright Policy/DMCA Notice: 7.
Disputes: 8.
Privacy: 9.
Disclaimers: 10.
Limitation on Liability: 11.
U.S. Export Controls: 12.
Jurisdiction and Arbitration of Disputes: This agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Aisha Enterprise may bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Los Angeles County, California, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Aisha Enterprise. 13.
Indemnity: 14.
Chargeback: Any customer who provides a credit card charge back in response to a bill and or order placed at Aisha Enterprise will be subject to collection agency action. We may append the following fees to your past-due or disputed balance before referral to our third party collection agency: $150.00 processing fee and/or a 22% collection fee to cover our costs in collection amounts past due. Please note that a collection agency action may badly hurt your credit. Please make sure that you AGREE to the Terms Of Services and our Privacy Policy before ordering any products and services from us. 15.
Refund and Return Policy 16.
Notices/Other:
We understand
that your privacy is very important to you. That's why we've developed
this policy to ensure that your privacy is protected while using our
services. A Special
Note About Children 1. A Special
Note About Children
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