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Terms and Conditions

1. Description of the Website and Membership
2. General Acknowledgements and Agreements
3. Use of Designs
4. Restrictions
5. Management and Operation of the Website
6. Credits and Payments
7. Membership Account
8. Representations and Warranties
9. Indemnification
10. Limitations and Disclaimer
11. Term and Termination
12. Effect of Termination
13. Suspension
14. Miscellaneous

THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This Agreement governs your use of the back2homepage website, including, without limitation, the uploading of CSS designs (might include photographs, illustrations, images) (“Designs”) and renting home pages created by you with your selected Designs onto or from the back2homepage.com website, and any and all services offered by Bobek Ltd on or through the back2homepage.com website (the back2homepage.com website, together with all of the foregoing uses and services, to be hereinafter referred to as the “Website”).

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1. Description of the Website and Membership
The Website provides, among other things, an online renting place for your home pages with Designs and the upload facility for CSS designers to upload their Designs. Furthermore, the Website is divided generally into two sections: a public section and a private section. The public section offers to all visitors, among other things, general information about the Website, the ability to view Designs on the Website, a search engine to search for Designs on the Website, the ability to post comments the the back2homepage team, and a process by which visitors can register to become Members, as further described below. The private section is only accessible by Members. The private section offers to Members (in addition to all services available in the public section) the ability to create home pages with their own links, upload Designs onto the Website in accordance with terms and conditions on the 'Submit your own designs' page and the ability to access their accounts on the Website (“Membership Accounts”).

When a visitor to the Website registers to become a Member, he or she will select an available user name (“Membership Name”) and a corresponding user password (“Membership Password”) to create a unique, personal Membership Account.

A Member shall upload a Design through his or her Membership Account, and such Designs shall be subject to an applicable of terms and conditions on the 'Submit your own designs' page. The Member shall also enter keywords and additional information about the Design so that the Design can be categorized and be searched by the Website’s search engine. Bobek Ltd has the right to refuse any Design which violates our terms and conditions.

A Member shall rent a Design through his or her Membership Account. A Member shall be able to use a Design only if he or she pays with the applicable number of Credits (as defined below) on the Website. Credits will be charged daily.

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2. General Acknowledgements and Agreements
Your use of the Website constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.

Bobek Ltd shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes and notice constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website.

If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by Bobek Ltd, do not use the Website.

Services on the Website are available only to, and may only be used by individuals who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, services on the Website are not available to minors (e.g., persons under the age of eighteen) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all uses of the Website. Your Membership Account on the Website may not be sold or otherwise transferred to another person or entity. If your use of the Website is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

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3. Use of Designs
You may only upload or rent Designs to the Website in accordance with the terms and conditions of this Agreement and terms and conditions on the 'Submit your own designs' page. You may use any Designs that appear on the Website only if you pay its daily fee. You may not use any Designs that appear on the Website unless you pay the daily fee in credits.

You acknowledge and agree that Bobek Ltd or its licensors retain all ownership rights in and to the Designs, and that such Designs are covered and protected by copyright, trademark and other intellectual property rights of Bobek Ltd or its licensors.

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4. Restrictions
You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.

You shall not upload or post onto the Website, or use the Website to transfer, any Designs or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent, or that is covered or protected by copyright, trademark or other intellectual property rights unless you own or control such rights or have received all necessary consents. You shall not upload or post onto the Website, or use the Website to transfer, any Designs or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you by Bobek Ltd on or through the Website. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person’s or entity’s use, of the Website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses etc.) when using the Website, including, without limitation, with respect to the origin or source of any Design or other material or content that you upload or any identifying information for your Membership Account.

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5. Management and Operation of the Website
You acknowledge and agree that Bobek Ltd has no obligation to review any Designs or other material or content uploaded or posted onto the Website, and shall have no responsibility for any such Designs or other material or content. Bobek Ltd shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Designs or other material or content uploaded or posted onto the Website. If you upload or post any Designs or other material or content onto the Website, or any Designs or other material or content is uploaded or posted onto the Website using your Membership Name or otherwise through your Membership Account, you remain solely responsible for such Designs or other material or content.

You acknowledge and agree that Bobek Ltd shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Website, including any web log, comments to any web log, or any forum on the Website. You acknowledge and agree that Bobek Ltd shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Website.

Bobek Ltd reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that Bobek Ltd has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of back2homepage.com). Bobek Ltd reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.

You acknowledge and agree that Bobek Ltd may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You acknowledge and agree that Bobek Ltd may also store personal information about you on its computers. Bobek Ltd shall not use your personal information in any way other than in connection with the operation of the Website, and shall keep this information confidential unless required to do otherwise by operation of applicable law.

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6. Credits and Payments
Transactions on the Website, including renting of Designs and the remuneration to an uploading Member in the event his or her Designs are rented, shall be conducted using Website credits (“Credits”). In the event you are renting a Design, the appropriate number of Credits shall be deducted from your Membership Account daily. In the event a Member rents a Design that you have uploaded, the appropriate number of Credits will be deposited into your Membership Account after Bobek Ltd has received from the renting Member non-opposable proof of payment.

You may acquire Credits only by purchase, by using credit or charge cards, online payment accounts, wire transfers or such means as then permitted by Bobek Ltd, or by earning them if your Designs are rented by other Members. If you Purchase any Credits by using a credit or charge card or an online payment account, you warrant that you are the cardholder or account holder and that the billing information provided is accurate, and you authorize Bobek Ltd to charge the designated credit or charge card or online payment account for the total amount of the purchase, including any sales or similar taxes. Credit purchases are non-refundable, only credits earned by renting Designs and affiliation may be redeemed.

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7. Membership Account
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by Bobek Ltd to you, and the Membership Password selected by you and approved by Bobek Ltd for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.

You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that Bobek Ltd may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.

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8. Representations and Warranties
In addition to the representations and warranties you have made above, each of Bobek Ltd and you hereby represent and warrant that it, or he or she, has the right to enter into this Agreement.

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9. Indemnification
You agree to indemnify, defend and hold harmless Bobek Ltd and its affiliates, and their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of the Website (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Designs or other material or content whether or not intentional. Bobek Ltd shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with Bobek Ltd in the defense of any such claim, action or matter.

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10. Limitations and Disclaimer
You agree that neither Bobek Ltd nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOR CLARIFICATION PURPOSES, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, BOBEK LTD MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WWW. BACK2HOMEPAGE.COM WEBSITE OR THE SERVICES ON THE WWW. BACK2HOMEPAGE.COM WEBSITE, OR ANY DESIGNS OR OTHER MATERIALS OR CONTENT AVAILABLE ON THE WWW. BACK2HOMEPAGE.COM WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OF COPYRIGHT, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS, OR FREEDOM OF ANY SERVICES, OR ANY DESIGNS OR OTHER MATERIALS OR CONTENT, FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE WITH MALICIOUS, DISRUPTIVE AND/OR DESTRUCTIVE FEATURES

Bobek Ltd shall have no responsibility for any Designs or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.

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11. Term and Termination
This Agreement shall continue in perpetuity unless terminated in accordance with this Section 11. Bobek Ltd at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your Membership Account on the Website and then sending a termination request to back2homepage team. In the event termination is by Bobek Ltd, Bobek Ltd shall notify you of such termination. Bobek Ltd reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.

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12. Effect of Termination
Upon any termination of this Agreement:

(a) your Membership Account shall be cancelled and closed and your Membership Name and Membership Password shall be deactivated;

(b) any and all Credits shall be redeemable by you for cash, minus any transactional expense.

Termination of this Agreement shall not relieve you from any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated. The provisions of Sections 7, 9, 10, 12 and 14 shall survive the termination of this Agreement.

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13. Suspension
Bobek Ltd reserves the right, in its sole discretion, to suspend your Membership Account at any time and for any length of time. In the event, and for so long as, Bobek Ltd suspends your Membership Account, you shall have no ability to upload any Designs on the Website, but you may continue to access your Membership Account using your Membership Name and Membership Password and rent Designs.

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14. Miscellaneous
You agree that you shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Website.

No waiver on the part of Bobek Ltd to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of Bobek Ltd to exercise any such power, right, privilege or remedy, shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Bobek Ltd shall have the right, in its sole discretion, to assign any or all of its rights or obligations under this Agreement. You shall have no right to assign any of your rights or obligations under this Agreement.

This Agreement shall be inure to the benefit of, and be binding upon, Bobek Ltd and you, and its and your respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer upon any person or entity, other than Bobek Ltd and you, and its and your respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Whenever the context so requires, the singular number shall include the plural and vice versa, and the masculine, feminine and neutral genders shall include each other. If any term or provision of this Agreement is invalid, illegal or unenforceable, all other terms and conditions of this Agreement shall nevertheless remain in full force and effect. The underlined headings contained in this Agreement are for convenience of reference only and shall not affect in any way the meaning or interpretation of this Agreement.


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