Terms of Service

ACCEPTANCE OF TERMS

By accessing the Totalprestige.com ("Totalprestige" or "Totalprestige Inc") website (including all Content available on or through the Totalprestige domain names, the "Website" or "Totalprestige.com Website") or using the features, applications and services offered by Totalprestige on the Website (the "Totalprestige Services" or "Services") you agree and acknowledge to be bound by these Terms of Service ("Terms") and the terms and conditions of Totalprestige.com's privacy policy, which are published at http://www.Totalprestige.com/help/privacy (the "Privacy Policy"). If you do not agree to these Terms or to our Privacy Policy, please do not access the Website or use the Services. Totalprestige reserves the right to change these Terms at any time. Totalprestige reserves the right to amend the Terms at any time. Your continued access to and use of the Website or the Services, or both, after we amend the Terms will mean that you agree with the Terms as amended. We recommend that you periodically check this Website for amendments to the Terms.

1. MEMBERSHIP AND ELIGIBILITY

Membership and Eligibility
Totalprestige.com is a social media service that allows those individuals who register to become users to receive the Totalprestige Services (the "Members" and the "Users") and to create unique personal profiles online in order to find and communicate with others. If you wish to become a User, communicate with other Users and make use of the Totalprestige Services, you must read these Terms and communicate your acceptance of these Terms (which also includes any other terms and conditions associated with your use of the Totalprestige Services for which you have subscribed during or any time following the User registration process).

In order to register as User of Totalprestige.com or access and use this Website you must be OVER THE AGE OF 18. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY INDIVIDUALS THAT ARE EIGTHEEN (18) YEARS OF AGE OR OLDER. By using the Website or the Services you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you are merely surfing or browsing through the Website and have not yet registered to become a Member, your use of the Website is still subject to this Agreement; if you do not agree to this Agreement, do not use the Services.

Throughout these Terms the terms "us", "we" and "our" refer to Totalprestige Inc., including its successors and assigns; the terms "your" and "you" refer to the individual that has accepted these Terms, and includes any user operating under your account and password.

2. USER ACCOUNTS. When you sign up to become a User and create a Totalprestige account (" Member Account", "User Account" or "Account"), you will also be asked to choose a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account, Member or User profile or password of another Member or User at any time. You agree to notify us immediately if you suspect any unauthorized use of your Account or profile or access to your password. You are solely responsible for any and all use of your Account and profile. You agree to hold Totalprestige harmless for any damage arising from a third party accessing the Services using a password you disclosed, lost, had stolen, etc.) In addition, you may not register for more than one User Account, register for a Member or User Account on behalf of an individual other than yourself or register a Member or User Account on behalf of any group or entity. Furthermore, you may not use or attempt to use another's Member or User Account without authorization from us or create a false identity on our Services. Illegal or unauthorized use, or both, of the Totalprestige Services, including collecting user names, e-mail addresses or other personally identifiable information of Members or Users, or both, by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the Totalprestige Website is prohibited.

3. HOSTING. The Totalprestige Services are hosted in the United States

4. THE CONTENT

You understand and agree that Totalprestige may (but is not obligated to) review any content, communication, information, Intellectual Property, material, messages, photos, videos, URLs, profiles and the like (collectively, "Content") that is uploaded, published or displayed (hereinafter, "posted") on the Services and delete or refuse to take online any such Content, including, without limitation, any Content that in the sole judgment of Totalprestige violates this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members or Users or third parties. You are solely responsible for the Content that you post on the Services, or transmit to other Members, Users or third parties. By posting Content to any area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Totalprestige an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Any Content used for or photographs posted by you in your Member or User profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person's permission. In addition, you represent and warrant that you have the right to post the Content and you will not post any illegal or prohibited Content and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). Totalprestige reserves the right (but is not obligated) to investigate and to take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Service and terminating the membership of such violators.

- Prohibited Content includes Content that:

(a) 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;

(b) harasses or advocates harassment of another person;

(c) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";

(d) promotes information that you know is false, misleading or that promotes illegal activities or conduct that is illegal, abusive, threatening, obscene, defamatory or libelous;

(e) promotes an illegal and/or unauthorized ("pirated") copy of another person's copyrighted work (whether marked as such, or not), such as, but not limited to, providing pirated computer programs or links to them, providing information to circumvent copy-protection mechanisms, or providing pirated music, video or other pirated Content, or links to such pirated music, video files, or files that contain such other pirated Content;

(f) displays pornographic or sexually explicit material of any kind and in any form;

(g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

(h) provides instructional information about illegal activities such as, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(i) solicits passwords or personal identifying information of any kind for commercial or unlawful purposes from other users; and engages in commercial activities and/or commercial sales without our prior written consent, including, without limitation, contests, sweepstakes, barter, advertising, and pyramid schemes;

(j) solicits people you don't know to add you or accept you as a friend on the Service.

(k) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or

(l) otherwise violates the terms of this Agreement or creates liability for Totalprestige.

You must use the Services in a manner consistent with any and all applicable laws and regulations. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Services, except as to the extent expressly allowed by Totalprestige in specific sections of the Services. You may not transmit any chain letters or junk email to other Members, Users or other parties. You may not engage in any automated use of the Services, such as using scripts, bots, or the like, to add friends or send comments or messages. Although Totalprestige cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member or User without their prior explicit consent. In order to protect our Members and Users from such advertising or solicitation, Totalprestige reserves the right to restrict the number of emails and other communications (including sharing of Content) which a Member or a User may send to other Members and Users, to a number which Totalprestige deems appropriate in its sole discretion.

- Privacy and Use of Information
You acknowledge that (a) we cannot ensure the security or privacy of Content you provide through the Internet and your private messaging, and you release us from any and all liability in connection with the use of such Content by other parties; (b) we are not responsible for, and cannot control, the use by others of any Content which you post on the Services or provide to them and you should use caution in selecting the personal information posted or provided to others through the Services; and (c) we cannot assume any responsibility for the Content sent by other users of the Services, and you release us from any and all liability in connection with the Content of any communications you may receive from other users.

5. THIRD PARTY LINKS

Linked Services may be available on, through or in connection with the Totalprestige Services. Linked Services include applications, websites and other services available from third parties which can be installed onto your Totalprestige profile or shared with other Members and Users on the Totalprestige Services or which may link to your Totalprestige account from outside of the Totalprestige Services. Linked Services may use your Totalprestige profile information, friends and/or other profile content on the Linked Service and share activity events between Totalprestige and the Linked Service (depending on the features the Linked Service chooses to make available).

When you engage with a third party Linked Service, you are interacting with the third party, not with Totalprestige. Totalprestige does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Totalprestige is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). Totalprestige encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.

6. ANTI-SPAM POLICY AND ACCEPTABLE USE

While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of Totalprestige in conjunction with the sending of unsolicited email, or cause to be used Totalprestige's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Totalprestige's network addresses or Totalprestige-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with Totalprestige include multiple postings of messages to newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to Totalprestige Support using the form in the Contact Us area.

7. FEES AND PAYMENT
THE PURCHASE OF OPTIONAL SERVICES IS NON-REFUNDABLE.

We offer optionals services for a fee for a specific time frame and are non refundable services.

You agree to pay the published price for Totalprestige Services and all applicable taxes in connection with the purchase of the Totalprestige Services. We reserve the right to change our pricing policy at any time at our sole discretion. We also reserve the right to change the method of payment which is acceptable to us, at our sole discretion. As well we reserve the right to refuse payment. If your usage of the Services is terminated because of a breach of the Terms by you, any unused Premium time is automatically and immediately forfeited.

8. USE AND STORAGE

You acknowledge that Totalprestige may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message or attachment that may be sent from or received by an account on the Service, the maximum disk space that may be allotted on Totalprestige's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Totalprestige has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Totalprestige reserves the right to log off users that are inactive for an extended period of time. You further acknowledge that Totalprestige reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

9. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Sites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Totalprestige's Copyright Agent for notice of claims of copyright infringement can be reached by writing the following:

Totalprestige Inc.

Suite 8749

Lower Ground Floor

145-157 St John Street

London - EC1V 4PW

UNITED KINGDOM

TEL: +44(0)207 608 5747

copyright@Totalprestige.com

10. MEMBER DISPUTES

You are solely responsible for your interactions with other Totalprestige Members and Users or any other parties with whom you interact through the Totalprestige Services and/or Linked Services. Totalprestige reserves the right, but has no obligation, to become involved in any way with these disputes.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Totalprestige EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Totalprestige MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Totalprestige OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Totalprestige SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Totalprestige HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

- U.S. Export Controls. Software available in connection with the Totalprestige Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Totalprestige Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

13. DISPUTES

The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Totalprestige agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Totalprestige Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

14. INDEMNITY

You agree to indemnify and hold Totalprestige, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Totalprestige Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the Totalprestige Services.

15. GENERAL
These Terms constitute the entire agreement between you and Totalprestige regarding the use of the Totalprestige Services and the Website. The failure of Totalprestige to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.