IMLIVE SUBHOSTS – FACILITATION SERVICES AGREEMENT

Thank you for your interest in receiving services from I.M.L. SLU, a company organized under the laws of the Principality of Andorra (the 'Company'). Please note that you, in your capacity as a subhost ('Subhost') providing services ('Subhost Services') under the agency of an agent ('Agent') to persons who choose to receive information/content from you via chat ('Guest') must accept and agree to the following Facilitation Services Agreement ('Agreement') in order to receive the services which are described below. Entering into this agreement allows you to receive services to which a Subhost is entitled (as detailed below) but it also entails certain responsibilities and requires you to make certain representations. By clicking "I Accept", you expressly agree to be bound by all of the terms of this Agreement.

By accepting this Agreement and proceeding with your registration as a Subhost, you agree that while using the services set out in this Agreement, including all services obtained via http://www.ImLive.com (the 'Site'), you shall adhere to the terms of this Agreement with the Company.

  1. THE SERVICES: Subject to the terms and conditions set out in this Agreement, the Company shall provide you with the following services ('Services'), in its capacity as a provider of the Services to you:

    • Advertising: The Company, on behalf of your Agent, shall advertise your Subhost Services (together with or separately from Subhost Services provided by other Subhosts) by way of the Directory. The Company may furthermore, in its absolute discretion, advertise your Subhost Services (together with or separately from Subhost Services provided by other Subhosts) via the Site, on third party sites, or in any other media. Such advertising shall be in the Company's sole discretion, including, without limitation, the location of the Subhost within the Directory and elsewhere on the Site, the manner of representation of the Subhost on the Site and any ranking of the Subhost on the Site. The Company may in its absolute discretion advertise particularly your Subhost Services on and off the Site and may in its absolute discretion grant access to third parties (including affiliates) to advertising materials (including details, photographs and other materials regarding you) which such third parties may then use to promote your Subhost Services.
    • Branding Goodwill: As an ImLive Subhost, your Subhost Services will be made available and accessible to a vast network of Guests and potential Guests who are attracted to the Site by the ImLive brand. The benefits that you receive include reliable monitoring and processing of Guests to whom you provide Subhost Services.
  2. ANCILLARY SERVICES: In addition to the Services, and subject to the terms and conditions set out in this Agreement, the Company shall provide you with the following services which are ancillary to the Services ('Ancillary Services') free of charge:

    • Chat System: The Company shall provide you with non-exclusive use of its video/audio/text chat communications system ('Chat System'), including a certain web-based application allowing internet chat (the 'Application') allowing you to chat with Guests in Host-Guest Chat Sessions ('HGCS'). Via the directory located on the Site (the 'Directory') or a direct link, Guests are able to initiate contact with Subhosts (including in scheduled sessions) from whom they wish to receive information/content. Where the Subhost accepts the Guests into an HGCS, the Application enables the Subhost to connect with the computer of the Guest and provide information/content via audio/video (and text) chat. A Guest may also elect to chat via audio/video (or text) directly to the Subhost. In certain cases, more than one Guest can be connected to a certain Subhost at the same time.
    • Message Center: The Company shall provide you with use of a message center ('Message Center') which allows you to provide content/information to the Company which you would like the Company to provide to a Guest or Guests, and which allows the Company to provide text queries, requests or other messages to you which any Guest has provided to the Company and which such Guest would like the Company to provide to you, all pursuant to the agreement between the Company and such Guest ('Terms & Conditions'). It is clarified that the Company shall be entitled, in its sole discretion, to convey or refrain from conveying any such message or part thereof.
    • Platforms: The Company shall provide you with use of platforms and tools which allow you to provide specialized services or to advertise your Subhost Services ('Subhost Platforms').
  3. SUBHOST AGE: Subhost hereby represents that he/she is at least 18 years of age and of legal age in Subhost's jurisdiction (21 years where required under applicable law).
  4. AMENDMENT OF AGREEMENT: The Company shall be entitled to amend this Agreement at any time by amending it on the Site. By entering into the Site or using the Services or the Ancillary Services after the amendment, you indicate your agreement to the amendment. It is your responsibility to regularly review this Agreement and the other rules and regulations appearing elsewhere on the Site.
  5. NON-ASSIGNABILITY/THEFT OF LOGIN: Your rights and responsibilities under this Agreement are strictly personal to you, and you may not assign or transfer them or any part thereof (including use of the Services or the Ancillary Services or provision of your Subhost Services) to any other person, nor may you provide your username/password to any other person. You must immediately inform the Company of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. You will be personally liable for any unauthorized use of the Services or the Ancillary Services or provision of your Subhost Services due to any failure by you to entirely fulfill your obligations under this Agreement (including this Section 5).
  6. INFORMATION/CONTENT: You are entirely responsible and legally liable for all information/content provided pursuant to your provision of Subhost Services, including in any HGCS, and the Company does not take any responsibility whatsoever for such information/content. Without derogating from the above:

    • You undertake that all such information/content provided by you shall satisfy the local laws and regulations applicable to you and to any Guest(s) participating in any HGCS, including laws and regulations of the EU and the United States.
    • You represent to the Company that you possess all necessary intellectual property rights, interests, and licenses in connection with any such information/content.
    • You undertake to ensure that all participants in any HGCS (including any Guest) will be at least 18 years of age (21 years in jurisdictions in which age of majority is 21) and of legal age in the jurisdiction of residence.
    • You may not cause or permit the image of any other person (excepting other persons who are registered as Subhosts or Guests with the Company and who consent to such transmission of such their image) to be transmitted in any HGCS.
    • Without derogating from any other provision of this Agreement, the following activities are generally considered obscene and are illegal in many jurisdictions, and therefore, are strictly forbidden: bestiality, child pornography, any presentation of minors engaged in intimate physical contact or sexual situations (actual or depicted), incest, extreme/abusive sado-masochism or bondage, depictions of rape, torture, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, and any conduct which may be judged "obscene" by the standards of your community, or any community of your Guest/s in any HGCS ('Forbidden Content'). The Company strongly suggests that you consult a local attorney at law in order to get advice on where your community and the community of any of your Guests draws the line on obscenity. The following also constitutes 'Forbidden Content': defamatory, abusive, obscene, threatening, racially offensive, or illegal material.

      You are required to report IMMEDIATELY to the Company's Customer Service Department regarding any case of the transmission of Forbidden Content in an HGCS or any other forbidden activity (including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.).
    • Adult behavior and/or activity is strictly prohibited in any HGCS entered into by any Guest through any zone (including without limitation the zone entitled "Friendship & Romance") other than an HGCS entered into by a Guest through the zone entitled "Live Sex Chat".
    • The Subhost Services may not be provided in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom. Without derogating from the above, the Company may restrict or deny access to the site to Subhosts in any country or location at any time at its sole discretion, and shall not be held liable in any way by any Subhost (including in connection with any loss of earnings) in such respect.
    • You have no obligation to the Company or anyone else to provide Subhost Services or to accept any Guest's requests. Do not accept requests which would cause you to violate this Agreement or applicable law.
  7. APPROVALS AND REQUIREMENTS OF THE COMPANY

    • The Company's advance approval is required in order for any Subhost to use the Services or Ancillary Services. Such approval is within the absolute discretion of the Company.
    • It is of utmost importance to the Company to ensure that every Subhost is at least the higher of 18 years of age, or the age of majority in such Subhost's country. The Company may request at any time, and you will be obligated to provide to the Company upon request, any document, including without limitation, identification documents in accordance with applicable law which prove your age, and a signed copy of this Agreement. In addition, the Company takes extensive measures to detect and reject false identification regarding any Subhost's name and/or date of birth ('Falsification of Documents'). However, in the unlikely event that the Company accepts such documents despite the Falsification of Documents, you understand that such documents will be accepted in good faith on the part of the Company, and that the Company shall not be liable in such respect under any circumstances to you or any other person.
    • Any person who is a related party of the Company or any entity controlling, controlled by or under common control with the Company, including any direct or indirect shareholder, any director or officer of the foregoing, or any spouse or person bearing a family relationship of up to 3rd degree of any of the foregoing, and more generally any person who is a related party according to the art. 16 of the Andorran Law known as "Llei 95/2010, del 29 de desembre, de l'impost sobre societats" (see the "Butlletí Oficial del Principat d'Andorra" Número 5 Any 23 issued on the 26th of January 2011 - www.bopa.ad) is prohibited from registering or operating as a Subhost.
  8. CERTAIN OBLIGATIONS OF HOST

    • In addition to this Agreement, the Site includes additional terms and conditions that are published on specific pages on the Site, and shall also apply to Subhosts. These additional terms and conditions may restrict or otherwise affect your rights in connection with the Site, the Services or the Ancillary Services. If any provision of this Agreement or any additional terms and conditions is held void or unenforceable to any extent, such provision shall be deemed excised and removed only to the extent to make the remaining provisions and these terms and conditions enforceable.
    • You shall not use any of the Services, Ancillary Services, or any of the other services, features and/or facilities available on or through the Site for any purpose whatsoever (including without limitation to promote or act on behalf of any other person, entity or business on or off the internet) except as specified in this Agreement.
    • You shall not contact any Guest for the purpose of supplying such Guest with services outside the framework of the Site. You shall not solicit or encourage any Guest to purchase services and/or features which may directly or indirectly compete with the Site, the Services, the Ancillary Services or the Subhost Services.
    • Under no circumstances will you use or try to use the Services, the Ancillary Services or any HGCS in order to promote or procure any meeting or direct physical contact with any Guest and/or any other third party.
    • You shall not send, or procure or encourage any third party to send, any email promoting the Site or Subhost Services ('Forbidden Emailing Activities'). Any such emails must be sent to the Company, and the Company shall be entitled to send any such emails to any Guest in its sole discretion.
  9. RELATIONSHIP BETWEEN SUBHOST AND COMPANY

    • The Company is a provider of the Services and Ancillary Services to the Subhost. The Subhost is not an employee of the Company, whether through a common-law employee/employer relationship or actual employee/employer relationship, or an agent or representative of the Company, and the Subhost shall not present himself/herself as such. The Company shall not be held responsible for any aspects of the Agent – Subhost relationship.
    • All payment, billing, performance and other issues relating to the Subhost Services shall be managed solely by the Subhost's Agent, through the Site's systems. Every HGCS is timed and priced according to the billing rate decided upon by the Subhost's Agent. Any payments to be made to any Subhost including in connection with any HGCS shall be paid by such Subhost's Agent, and not by any Guest or the Company. Under no circumstances shall the Subhost have any claims of any kind against the Company or any Guest, including without limitation claims regarding payments and billing issues, claims regarding termination of Subhost's account by Agent and other claims concerning the Agent - Subhost relationship. It is hereby clarified that neither the Subhost nor the Agent shall be entitled to any special gifts which may be described on the Site from time to time.
    • The Company shall approve Subhost's registration in the Site systems at its sole discretion. Approved Subhosts will be notified by the Site systems of their approval. The Company may refuse to approve any Subhost as a Host in the Site's systems, at its sole discretion.
    • The Company may send you emails from time to time or update your Subhost page, including with respect to the Services or Ancillary Services, any of the other services, features and/or facilities available on or through the Site, this Agreement or any other terms and conditions appearing on the Site. You must open all such emails and regularly check your Subhost page in order to be updated regarding the aforementioned, and the Company is entitled to presume on the basis of your continued use of the Services and the Ancillary Services that you are so updated and agree to all such updates.
    • The Company is entitled to monitor the Subhost Services, at its discretion, including in order to analyze and develop methods for improving the Services and Ancillary Services.
  10. LICENSE: In order to allow the Company to provide the Services and Ancillary Services, you hereby grant the Company a general royalty-free, irrevocable, perpetual and exclusive license to use - including providing them to third party sites - still and video images (including audio, recorded sessions, videos and text portions) of you and your provision of Subhost Services (to the extent of any right, title or interest you may hold therein). The said license includes without limitation the right to reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology including without limitation for purposes of advertising on or off the Site and for purposes of providing third parties with promotional materials. It is hereby clarified that termination of this Agreement by any party hereto shall not affect in any way the aforementioned license, which shall continue to be held by the Company in its entirety. Any materials created in connection with the Subost Services may not be used by or transferred by or to any person (including any Subhost) for any purpose, without the prior written consent of the Company.
  11. LIVE SEX CHAT CATEGORY - SPECIAL PROVISIONS

    • Sexually explicit content/information is only allowed in an HGCS or by way of Subhost Platform content provided to Guests entering via the "Live Sex Chat" zone.
    • The Company will not accept any minor as a Subhost in any case, and is particularly concerned not to accept any minor as a Subhost in the "Live Sex Chat" zone. All Subhosts must provide the Company with copies of identification documents - passport, driver's license, or similar ID which indicate that Subhost has reached his/her legal majority and a list of other names (aliases or stage names) used by the Subhost. Subhosts located in the US must provide US documents.
    • Legible copies of such materials must be provided to the Company in the manner Subhost is instructed by the Company before approval of Subhost and from time to time.
    • These identification documents are also stored in connection with 18 U.S.C. § 2257. IF SO REQUIRED UNDER 18 U.S.C. § 2257 OR OTHER APPLICABLE LAW WE SHALL PROVIDE THE DOCUMENTS TO THE COMPETENT AUTHORITY OR ITS REPRESENTATIVE. BY ACCEPTING THIS AGREEMENT, YOU SPECIFICALLY PROMISE, WARRANT AND AGREE THAT FOR PURPOSES OF 18 U.S.C. § 2257 YOU AND/OR YOUR AGENT ARE THE "PRIMARY PRODUCER" OF ANY SUCH SEXUALLY EXPLICIT MATERIAL. For further information regarding 2257 and the Site, please see our 2257 statement which can also be reached via our home page.
    • Without derogating from the prohibition on the Subhost causing the image of any other person to be transmitted via the Chat System or the Subhost Platforms, Subhost shall not under any circumstance transmit via the Chat System or the Subhost Platforms any sexually explicit image including any other person (other than another Subhost registered in the "Live Sex Chat" zone of the Site). Subhost shall in no case transmit via the Chat System or the Subhost Platforms any sexually explicit images of the Subhost created before the Subhost reached his/her legal majority.
    • You shall not attempt to portray yourself as someone under the age of 18. You will not portray yourself as a "teenager", unless you specifically mention that you are 18 or 19 years old. Otherwise, the use of the word "teen" in any form relating to ages under 18 is strictly forbidden.

      It is strictly prohibited to transmit Forbidden Content (as defined above) via any Subhost Services.
  12. THIRD PARTY PRODUCTS:
    You understand that products which may be made available or sold on the Site are not manufactured by the Company but are manufactured by others. You understand and agree that you will use any such products only in compliance with any manufacturer's instructions for use accompanying such products. ANY WARRANTIES COVERING ANY SUCH PRODUCTS ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH PRODUCTS AND THE COMPANY MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  13. DISCLAIMER OF WARRANTIES
    THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION OR THE ABILITY OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND/OR THE APPLICATION TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS APPLICATION OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION OR THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS APPLICATION AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
  14. LIMITATION OF LIABILITY
    IN NO EVENT WILL WE OR OUR AFFILIATES OR SUPPLIERS OR OUR/OUR AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE ANCILLARY SERVICES, THE SITE AND THE APPLICATION, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE ANCILLARY SERVICES, THE SITE OR THE APPLICATION OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE SAME, THIS AGREEMENT OR ANY HOST-GUEST AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES, THE ANCILLARY SERVICES AND THE SITE AND PROVIDING ANY HOST SERVICES, AND TO CEASE USING THE APPLICATION.
  15. THIRD PARTY LINKS AND PRODUCTS
    VIA OR IN CONNECTION WITH THE SERVICES, THE ANCILLARY SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
  16. INDEMNIFICATION
    You shall indemnify and hold the Company, the owners, operators and suppliers of the Site as well as their officers, directors and employees (collectively 'Indemnified Parties') harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Indemnified Parties in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Site including without limitation via the Chat System. Such claims shall include, without limitation, claims in respect of any violation of law in an HGCS (or in the content/information transmitted in the HGCS and/or transmission of Forbidden Content) by you or any participant therein, claims of infringements of the intellectual property rights of any third party or claims that you are or were an employee of any of the Indemnified Parties.
  17. TERMINATION
    Both the Subhost and the Company may terminate this Agreement at will subject to the fulfillment of all liabilities and/or remaining obligations to the other party. In the event of such termination, the Subhost shall immediately cease using the Services and the Ancillary Services, and cease providing the Subhost Services.
  18. BREACH

    • If the Company suspects that any Subhost has breached any provision of this Agreement, including any of the following sections: Section 6(e) (Forbidden Content); 6(f) (Adult Activity other than in Live Sex Chat zone); 7(b) (Non-Provision or Falsification of Documents); 8(b) (Promoting Other Businesses using the Services or Ancillary Services); 8(c) (Promoting Other Businesses to any Guest); or 8(e) (Forbidden Emailing Activities); the Company shall be entitled to block access of the Subhost to the Services and the Ancillary Services during an investigation period.
    • In the event that the Company determines in its sole discretion that the Subhost is in fact in breach as aforementioned, the Subhost shall cease using the Services and the Ancillary Services immediately, and the Company shall permanently block the access of the Subhost to the Services and the Ancillary Services. In addition, the Company shall be entitled to fine the Subhost in the amount of $5,000, in the event of breach of Section 8(b) (Promoting Other Businesses using the Services or Ancillary Services) or 8(c) (Promoting Other Businesses to any Guest).
  19. CONFIDENTIALITY
    Subhost shall keep in strict confidence any and all materials and information regarding the Company's technological systems and business, commercial and marketing methods and trade secrets. This provision shall survive termination of this Agreement by either party.
  20. SEVERABILITY
    To the extent that a court of competent jurisdiction determines that any specific term or terms of this Agreement is/are unenforceable, the other terms of this Agreement will continue in full force and effect.
  21. WAIVER
    No employee, agent or representative, including without limitation any customer service representative, of the Company shall be entitled to waive any term of this Agreement.
  22. HEADINGS
    Headings of sections in this Agreement are included for convenience only and shall not be used to interpret the Agreement.
  23. GOVERNING LAW
    This Agreement shall be governed by and construed in accordance with the laws of the Principality of Andorra, without giving effect to the principles thereof relating to conflict of laws. 


© 2009  I.M.L. SLU. All Rights Reserved