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TERMS AND CONDITIONS

3DRelax.com (c)
http://www.3drelax.com
10 Links Drive South Ottawa, Ontario Canada K0A 1BO

Please read this important information that you should know before continuing to download and install our products. As a condition of downloading and installing our products or becoming a paid member of 3D Relax you must accept this terms and conditions entirely. By downloading and installing any of our products you agree to be bound by all our terms and conditions.

3D Relax provides Internet users with high quality PC games and screensavers at no cost or at low cost. Most of the products have free versions that are available to all users to download, and premium versions that are available for those users who registered and paid annual fees for our products and services (hereinafter referred to as Paid Members). Premium versions of all our products and some of our services are made available for Paid Members only.

Subscription to our products and services is annual. By registering at www.3Drelax.com you authorize 3D Relax to charge you the applicable annual fee. As of December 20, 2005 this fee constitutes USD 23.99. If you choose to renew your subscription automatically, your annual subscription shall be renewed at the end of each subscription period. If you choose to cancel automatic renewal of your subscription, you can do so at any time. In this case please notify 3D relax before the expiration of your current subscription period that you want to cancel your subscription at the conclusion of this period. Unless 3D Relax receives such a notification, you will be charged the subscription fee in effect at the time the fee becomes payable. Should this fee be different from the initial one, 3D Relax will notify you by sending an email to the email address you provide in time for you to cancel the subscription if you wish to do so.

2Checkout is an authorized retailer for all products provided by 3D Relax. Payments of annual membership fees must be made with a major valid credit card or other approved payment options as described at 2Checkout.com. 3D Relax assumes no responsibility whatsoever for any problems and/or losses associated with 2Checkout.com activities.

We are committed to create products that work flawlessly under any systems and all circumstances. However, 3D Relax.com does not guarantee that all products will successfully work under all systems and all configurations. The problems are possible because successful running of all our products depend on many circumstances beyond our control such as other software applications on your computer, your personal settings, your system, your hardware and many other. We shall do our best to deal with any problem, should it arise, as soon as you contact us and inform us of it, but still, we does not guarantee that we can ensure the work of our products. Under no circumstances shall 3D Relax be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business time, business profits, business information, or any other kind of loss) arising out of the use of, or inability to use any and all of products downloaded from 3D Relax www resources.

You are responsible for ensuring that all use of our products under your member's account complies with these terms and conditions. You are also responsible for maintaining the confidentiality of your password. You are also responsible for any fees or charges incurred while accessing our products through an Internet access provider or other third-party service. 3D Relax is not by any means responsible for any amounts billed to your credit card by a third party.

3D Relax takes no obligations whatsoever regarding the terms of e-mail support service. We are not responsible for any letters sent to our support email addresses that can be lost due to server failures or whatever other reasons, or regarded as spam by spam filters. We cannot guarantee that your will receive our reply promptly or receive it at all because it has to do with many circumstances beyond our control.

3D Relax retains the right at any time to change the terms of this agreement, change the terms of availability of products or change any fees and charges for the use of our products and services. All changes will take effect only upon your renewal of membership at 3D Relax and will be effective instantly upon the notice. Notice of changes is made through posting the new terms and conditions, and 3D Relax is not responsible for your obtaining timely notice of such changes. 3D Relax retains a right, not obligation, to send the information on such notices to the email account you provide at registration.

You shall be responsible for any and all claims of infringement, libel and slander arising as a result of your use of any of our products and/or services. You must not post, use, transmit or otherwise make available the products and services received under the membership programs.

You may not transfer your right to use our products and services. Only one individual may access the 3D Relax web resources as a member of 3D Relax using the same user name or password.

Any and all products available at 3D Relax web sites are the property of 3D Relax and are protected by copyright laws and international copyright treaties. The products are licensed to users, not sold. 3D Relax retains all rights, title and interest in the products including all intellectual property rights embodied therein and derivatives thereof. The products include, without limitation, creative concepts, codes, data structures, images, sounds, derivative works and all other elements. All rights not expressly granted are reserved. You may neither decompile, reverse engineer, modify, disassemble our products, nor create derivative works based on the products, except as permitted by law. You may not under any circumstances rent, lease, sell or distribute our products.

The commercial use of this software is strictly prohibited. Under no circumstances may you distribute, sell or commercially exploit our products. 3D Relax grants you the right to use our solely for your own entertainment purpose.

The games and screensavers published by 3D Relax are provided "as is" without warranty of any kind. 3D Relax disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. 3D Relax does not warrant that the operation of these products will be uninterrupted, error-free and/or meet any specific requirements. The agents, employees and/or distributors of 3D Relax are not authorized to make any modifications to this warranty or additional warranties on behalf of 3D Relax.

These terms and conditions constitute the exclusive agreement between you and 3D Relax with respect to the subject matter hereof and supersede all other communications, agreement, proposals and understandings, whether written or oral, between you and 3D Relax relating to the subject matter of these terms and conditions.

You acknowledge that you have read these terms and conditions, you understand them, and understand that by installing, copying onto your hard drive, running or otherwise using our products you agree to be bound by terms and conditions stated here. If you fail to comply with any terms of this Agreement, your license is automatically terminated.

This License will be construed under the laws of Canada. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.

(c) Copyright 2006 3D Relax. All rights reserved.



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