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Terms Of Use

Welcome to IntercerTube.com, a service by Lucian Web Service

The following (Conditions of Use) apply to your use of the IntercerTube.com website (which we sometimes call the 'Website', 'IntercerTube', 'tube.intercer.net'), the services and products offered by Lucian Web Service and its affiliates and if you use the Website, or any part of it, you consent to and agree to abide by the Conditions of Use. Please read them carefully. In addition, when you use any current or future IntercerTube service (such as, Friends & Favorites, e-Cards, Auctions, and Honor System) or visit or purchase from any business affiliated with Lucian Web Service, whether or not included in the Website, you also will be subject to the conditions applicable to such service or business.

Lucian Web Service reserves the right, at its sole discretion, to change, add or remove portions of these Conditions of Use at any time. It is your responsibility to check these Conditions of Use each time before using the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases or use of services by you will be subject to the terms and conditions of these Conditions of Use, which shall apply unless we post modified Conditions of Use and then shall be subject to such modified Conditions of Use. Provided you comply with the Conditions of Use, we grant you a personal, non-exclusive, non-transferable, non-sublicenseable, limited privilege to enter and use the Website.

PRIVACY

While we take reasonable steps to safeguard and prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Lucian Web Service OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER Lucian Web Service WAS GIVEN NOTICE THAT DAMAGES WERE POSSIBLE.

ELECTRONIC COMMUNICATIONS

When you visit IntercerTube.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To stop receiving marketing e-mails from us, send an e-mail to us at info@LucianWebService.com or follow the opt-out procedures set forth in those e-mails.

LICENSE AND SITE ACCESS

Lucian Web Service grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the prior express written consent of Lucian Web Service. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Lucian Web Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lucian Web Service and our affiliates without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing Lucian Web Service's name or trademarks without the prior express written consent of Lucian Web Service. Any unauthorized use terminates the permission or license granted by Lucian Web Service through these Conditions of Use to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Lucian Web Service so long as the link does not portray Lucian Web Service, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Lucian Web Service logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Lucian Web Service immediately of any unauthorized use of your account or password, or any other breach of security of which you are aware. You may be held liable for losses incurred by Lucian Web Service or any other user of the Website due to someone else using your password or account. You may not use anyone else's password or account at any time. You may not attempt to gain unauthorized access to the Website. If you attempt to gain unauthorized access or assist others to make such attempts, your account will be terminated. Lucian Web Service does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Lucian Web Service only with involvement of a parent or guardian. Lucian Web Service and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

YOU AGREE THAT Lucian Web Service WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE. Lucian Web Service may, at any time, without prior notice to you and in its sole discretion, terminate your access to the Website and your account for any reason, including, but not limited to, the following reasons: gaining or attempting to gain unauthorized access to the Website or assisting others to do so; overcoming software security features limiting use of or protecting any of the Website's content; discontinuing or significantly modifying the Website or any of its services; violating the Conditions of Use; failing to pay for purchases; actual or suspected copyright infringement; operational difficulties; or upon request by law enforcement or other government agencies.

SUBSCRIPTIONS

By subscribing to Lucian Web Service as by completing and submitting the subscription form you are accepting the following terms: Your User ID and Password: Lucian Web Service subscriber's user ID and password are not transferable. They should be safeguarded and must not be divulged to others. Copyrights: All Lucian Web Service materials, including the email newsletter, are copyrighted, as outlined in the Terms of Use page. Browser Technology: Lucian Web Service is designed for use with W3C compliant browsers (XHTML 1, CSS 2/3, JavaScript/ECMAScript) and tested with the newest versions of the most popular web browser software. No backwards compatibility is guaranteed with older versions of web browsers. Subscription Fees: You agree to pay all fees and charges that you incur. The subscription payment is non-refundable, however, remaining portion of the payment can be credited towards a higher level subscription, should you decide to upgrade. We may at any time change the amount of, or basis for determining, the subscription fee, or institute new fees or charges.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Lucian Web Service reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Lucian Web Service and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lucian Web Service and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Lucian Web Service or its affiliates for all claims resulting from content you supply. Lucian Web Service has the right but not the obligation to monitor and edit or remove any activity or content. Lucian Web Service takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Lucian Web Service and its affiliates respect the intellectual property of others. Pursuant to 17 U.S.C. 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Lucian Web Service Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Lucian Web Service and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Lucian Web Service will terminate the infringing customer's account. Lucian Web Service may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. 512(c), Lucian Web Service has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your copyright has been infringed through the LA Idea.com website, please contact Lucian Web Service's Copyright Agent for notice of claims of copyright infringement on its site, who can be reached as follows:

Copyright Agent info@LucianWebService.com Any written notice describing the infringing activity must include the following information: * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; * A description of the allegedly infringing work or material; * A description of where the allegedly infringing material is located on the site; * Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; * A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and * A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Lucian Web Service IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. Lucian Web Service MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, Lucian Web Service DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE Lucian Web Service WEBSITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, OR CORRESPONDENCE TO DESCRIPTION. Lucian Web Service DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Lucian Web Service ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL Lucian Web Service OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE CONDITIONS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE Lucian Web Service SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Lucian Web Service SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF Lucian Web Service HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT Lucian Web Service SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO Lucian Web Service BY THE END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF Lucian Web Service. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify and hold harmless Lucian Web Service and its parents, sister companies, subsidiaries, affiliates, service providers, other end users of the Website, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Conditions of Use, or your violation of any law, regulation or third-party right.

APPLICABLE LAW AND DISPUTES

By visiting Lucian Web Service, you agree that the laws of the province of BC, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Lucian Web Service or its affiliates. Any dispute relating in any way to your visit to Lucian Web Service or to products you purchase through Lucian Web Service shall be submitted to confidential arbitration in Vancouver, BC, Canada, to the extent you have in any manner violated or threatened to violate Lucian Web Service's intellectual property rights, Lucian Web Service may seek injunctive or other appropriate relief in any provincial or federal court in the province of BC, Canada, and you consent to the exclusive jurisdiction of the state and federal courts sitting in Vancouver, BC, Canada. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Law. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

ADDITIONAL TERMS

No delay or failure to take action under these Conditions of Use shall constitute any waiver by Lucian Web Service of any provision of these Conditions of Use. If any provision is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Conditions of Use will continue in full force and effect. These Conditions of Use will bind and inure to the benefit of Lucian Web Service's permitted successors and assigns. These Conditions of Use are personal to you and may not be transferred, assigned or delegated to anyone, and any attempt by you to assign, transfer or delegate these Conditions of Use shall be null and void. Lucian Web Service may freely assign these Conditions of Use without consent or notice. These Conditions of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between Lucian Web Service and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.

Privacy Notice

At Lucian Web Service, we respect our customers and understand that you are concerned about privacy, so we have instituted policies intended to protect that your personal information and handle it safely and responsibly. We also have posted this Privacy Notice to let you know what kind of information we collect, how it is handled, with whom it may be shared, what choices you have regarding our use of your information and how you may access some of the data you provide to us. By visiting Lucian Web Service, you are accepting the practices described in this Privacy Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the BC, Canada. If you have any concern about privacy at Lucian Web Service or if you have any questions about this policy you can contact us at info@LucianWebService.com. The Information We Collect Lucian Web Service collects and stores personal information in several ways at different parts of our site. This information may include your name, e-mail address, age, gender, address, telephone number, [User ID], password, [interests and preferences], and other self-identifying information that you may enter anywhere on the Website. This allows us to keep a user profile so that we may customize preferences for each specific user, as well as provide a faster method for users to submit information to Lucian Web Service, and receive from us the information, service, or products requested.

Lucian Web Service may also request certain information using online order forms for products and services. On the order forms, we collect contact information, demographic information, delivery address, method of payment and, if applicable, a credit or debit card number and information relevant to credit card billing, such as the billing address. We may also collect information about you in surveys or for sweepstakes and contests on our site and information about the searches you perform and the pages you visit on our site. Lucian Web Service may also monitor, on an anonymous aggregate basis, patterns of use in connection with e-mails that it sends out, including which links are clicked on in our e-mail communications, so that we may use such information to better personalize the content of our site and our mailings for our users. We collect certain types of information through "cookies" when your web browser accesses our Website. We also compare our customer list to lists received from other companies. Additionally, we might receive information about you from other sources and add it to our account information. We may also automatically collect your Internet Protocol address to help diagnose problems, to deal with Website, data and account security issues and for system administration. All such information will be protected in accordance with this Privacy Notice.

Lucian Web Service reserves the right to request any additional information necessary to establish and maintain your account for use of the Website. More Information About Cookies Cookies are bits of electronic information that a website can transfer to a visitor's hard drive to help tailor and keep records of the visit to the site. Cookies allow website operators to better customize visits to the site to the visitor's individual preferences. Our site uses cookies to keep track of what you have purchased, to deliver content specific to your interests, to save your password so you do not have to re-enter it each time you visit our site, and for other purposes relating to your transactions on the site. The use of cookies is standard practice on the Internet and many major websites use them. Although most web browsers automatically accept cookies, you can usually disable this feature or required your browser to notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it. Even without accepting a cookie, you can still access most of the features on our site. However, we use cookies to track shopping cart items through the order and browsing process, so you will not be able to place an on-line order if you disable cookies. Visitors who disable cookies can still place orders over the telephone by email info@LucianWebService.com.

We also contract with third parties who assign cookies to conduct tracking. These companies use cookies to provide aggregate data to Lucian Web Service. Without cookies, Lucian Web Service will not be able to offer you personalized service or the full array of features our Website has to offer. How Lucian Web Service Uses Personal Information Lucian Web Service will not sell, rent or barter your personal information other than to its business partners and only as set forth in this Privacy Notice. We may, from time to time, aggregate statistical information regarding our customers, traffic patterns and site usage, or sell our research, which may contain aggregate information. In addition, we may report aggregate information to our advertisers. Such aggregate information will not individually identify any user. Lucian Web Service uses the information we collect from you only in accordance with this Privacy Notice. We use the information we collect to customize your experience at our Website. We also show you content that we think will be interesting to you, and display content according to the preferences you indicate while on Lucian Web Service We may use your information to send you promotional materials about Lucian Web Service and its partners. We may also use your information to contact you, if necessary. Lucian Web Service contracts with other companies and individuals to perform functions on our behalf. These functions may include fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance, providing links (including paid listings and links), processing credit card payments, and providing customer service. Individuals and companies performing these functions for us have access to personal information needed to perform their functions, but do not have our permission to use it for other purposes.

We reserve the right to disclose your personal information if such action is necessary (a) to conform to the requirements of applicable law or to comply with legal process or a subpoena served on Lucian Web Service, (b) to protect and defend the legal rights or property of Lucian Web Service, our site, or its users, or (c) in an emergency, to protect the health and safety of its users or the general public. This includes exchanging information with other entities, including government agencies, where applicable, for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in contravention of this Privacy Notice.

If we share your personal information with third parties other than as described in this Privacy Notice, we will provide you with notice and you will have an opportunity to choose not to share the information.

How We Protect Your Personal Information

For all our transactions, Lucian Web Service employs reasonable and current Internet security methods and technologies. Where appropriate, we use password protection, encryption techniques and firewalls. We strive to protect your privacy and your personal information. We encourage our participating service providers to adopt and honor their own consumer privacy policies. For all our efforts to safeguard your privacy however, no system can be guaranteed. We cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. Once we receive your information, we use reasonable efforts to ensure its security on our systems. You Maintain Your Information As part of your use of our site, you are responsible for maintaining and updating, as applicable, your "Your Account" information with current, accurate and complete information. You may view, update and/or edit the information you have provided to Lucian Web Service by logging in to your account and following the appropriate instructions.

Children's Privacy

You must be at least 18 years old to have our permission to use this site. We do not knowingly collect, use or disclose personally identifiable information about visitors under 14 years of age. If you are the parent or guardian of a child under 14 years of age and believe that they have disclosed personally identifiable information to us, please contact us at info@LucianWebService.com so that we may delete the child's information.

What Else You Should Know About Your Online Privacy

Our Website may also contain links to other websites and advertising, such as banner ads. The privacy policies of those websites and advertisers may significantly differ from that of our Website, and Lucian Web Service is not responsible for the privacy practices or the content of such websites or for the privacy policies and practices of other third parties. It is your responsibility to contact such website operator or advertiser directly to determine their privacy policy. Your Choices Regarding Your Information Whenever you are requested to provide personal information, you can elect not to provide it, even though it may be necessary for the service you are attempting to use or in order to purchase the product you desire. As described above, you can add or update certain of your information. If you change your personal information, we may keep a copy of the prior version for our records. We may from time to time send you e-mail or other communications regarding current promotions, specials and new additions to the Lucian Web Service site. You may "opt-out," or unsubscribe from our e-mailers by following the unsubscribe instructions in any e-mail you receive from us. After opting out, users will not receive future promotional e-mails unless they open new accounts or sign up to receive newsletters or e-mails. Please note that if you agree to receive e-mails from any of our third-party service providers or any third-party merchants on our site, you will receive e-mails separately from them, and information that you choose to disclose to them will be subject to their separate privacy policies. If you later decide that you no longer want to receive their e-mails, you will need to follow their own specific opt-out instructions.

Further, you may also set your browser so that it will not accept cookies to prevent assignment from the ad server of a unique identifier; however, you may experience difficulty shopping on our site and performing other transactions if you do so.

Changes To This Privacy Notice

Lucian Web Service reserves the right to change or modify this Privacy Notice in its discretion at any time without notice to the users of our site, except that Lucian Web Service will post the changed or modified Privacy Notice on our site as soon as practicable as such changes or modifications are implemented so that you will always know what information we gather, how we might use that information and to whom we will disclose it. Any changes to this Privacy Notice will become effective immediately upon being posted unless we tell you otherwise. January 2010


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