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MyPlaceXXX.com
TERMS OF ACCESS AND USE
The following are terms of a legal agreement
(“Agreement”) between you and MyPlaceXXX.com
(“Company”). By accessing, browsing and/or
otherwise using this web site,
MyPlaceXXX.com, (“Site”), you acknowledge that
you have read, understood and agreed to be bound
by these terms and conditions, and to comply
with all applicable laws and
regulations, including U.S. export and re-export
control laws and regulations. You must be 18
years of age or older to use this Site and to
register as a member. If we discover or
have any reason to suspect that you are not over
18 years of age, then we reserve our right to
suspend or terminate your membership to this
Site immediately and without
notice.
If you do not agree to all of these terms and
conditions, you may not access, browse and/or
use this Site. The material provided on this
Site is protected by law, including, but
not limited to, United States copyright law and
international treaties.
These terms of access apply to your access to
and use of this Site and do not alter in any way
the terms and conditions of any other agreement
you may have with the Company
for products, software, services or otherwise,
unless otherwise directed by the Company. If you
breach any of these terms and conditions, your
authorization to use this Site
automatically terminates and you must
immediately destroy any downloaded or printed
materials and discontinue use of any hyperlinks
to this Site. Certain information, such as email
addresses and dates of birth, will be kept on
file even if you choose to cancel your account
or it gets suspended.
1. MEMBERSHIP FEES
Member subscription payments can be made in U.S.
Dollars. Membership terms are 30 days, 90 days,
and 360 days. Once purchased, membership fees
are NONREFUNDABLE
even in the event that your membership is
terminated for violations of our USE
RESTRICTIONS. You warrant that you have
purchased a membership based on membership rates
that are effective for your primary country of
residence.
2. PAYMENT AUTHORIZATION
Payment for the services provided to you in, at,
through or in association with the Site may be
made by automatic credit card or debit card, and
you hereby authorize the
Company and its agents to transact such payments
on your behalf.
You hereby authorize the Company's Internet
Payment Service Provider to charge your credit
card to pay for your membership to the Site. You
further authorize the Company's
Internet Payment Service Provider to charge your
credit card for any and all purchases of
products, services and other entertainment
available in, at, through, or in association
with the Site. You agree to be personally liable
for all charges incurred by you in association
with your access or other use of any Content
provided by the Company or any third
party in association with the Site. You
acknowledge and agree that your liability for
all such charges shall continue after
termination of your access or any type of
membership arrangement with the Company.
In the event that you have chosen to have your
membership automatically rebilled, unless and
until you notify the Company that you wish to
cancel or terminate your membership
to the Site, you hereby agree and authorize the
Company's Internet Payment Service Provider to
automatically renew your membership to the Site
on a continuing basis and to
charge your credit card (or other payment means
you have selected) to pay for the ongoing cost
of your membership. You hereby further authorize
the Company's Internet
Payment Service Provider to charge your credit
card (or other approved payment means you have
selected) for any and all purchases of products,
services and entertainment
provided to in, at, through or in association
with the Site.
3. USE RESTRICTIONS
Copyright. All Site materials, including,
without limitation, text, pictures, graphics and
other files and the selection and arrangement
thereof are copyrighted materials of the
Company © 2008, ALL RIGHTS RESERVED, or by the
original creator of the material. Permission is
granted to display and use the materials on this
Site for private personal
entertainment, educational and noncommercial use
only, provided you do not modify the materials
and that you retain all copyright and other
proprietary notices contained in the
materials. You may not, however, distribute,
copy, reproduce, display, republish, download,
or transmit any material on this Site for
commercial use without prior written
approval of the Company. You may not “mirror”
any material contained on this Site on any other
server without prior written permission from the
Company. Any unauthorized
use of any material contained on this Site may
violate copyright laws, trademark laws, the laws
of privacy and publicity and communications
regulations and statutes. Any
communication between this site or an agent of
this site is confidential and you agree to keep
it as such.
Trademarks. The trademarks, service marks, trade
names and logos (the “Trademarks”) used and
displayed on this Site are registered and
unregistered Trademarks of the
Company. In addition, all page headers, custom
graphics, icons and scripts are service marks,
trademarks and/or trade dress of the Company,
and may not be copied, imitated
or used, in whole or in part, without the prior
written permission of the Company. You
acknowledge that the Trademarks used and
displayed on this Site are and shall remain the
sole property of the Company or the Trademark
owner. Nothing in this Agreement shall confer
any right of ownership of any of the Trademarks
in you. Further, nothing in this
Site shall be construed as granting, by
implication, estoppel or otherwise any license
or right to use any Trademark used or displayed
on the Site, without the express written
permission of the Company or the Trademark
owner. The misuse of the trademarks displayed on
this Site, or any other Content on the Site, is
strictly prohibited.
Hyperlinks. You are granted a limited,
nonexclusive right to create a hypertext link to
this Site provided that such link is to the
entry page of this Site and does not portray the
Company or any of its products or services in a
false, misleading, derogatory, or otherwise
defamatory manner. This limited right may be
revoked at any time for any reason
whatsoever. You may not use framing techniques
to enclose any Company trademark, logo or trade
name or other proprietary information including
the images found at the Site,
the Content of any text or the layout/design of
any page or any form contained on a page without
the Company’s express written consent. Links to
third party sites on this Site
are provided solely as convenience to you. If
you use these links, you will leave this Site.
The Company has not reviewed all of these third
party sites and does not control and is
not responsible for any of these sites, their
Content or their policies, including, without
limitation, privacy policies or lack thereof.
The Company does not endorse or make any
representations about third party sites or any
information, software or other products or
materials found there, or any results that may
be obtained from using them. If you
decide to access any of the third party sites
linked to this Site, you do so entirely at your
own risk. You acknowledge and agree that the
Company shall not be responsible or
liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by, or in
connection with the use of or reliance on any
such third party sites.
Downloadable Materials. Any software, including
codes or other materials that are made available
to download from this Site, is the copyrighted
work of the Company and/or its
suppliers and affiliates. If you download
software from this Site, use of the software is
subject to the license terms in the software
license agreement that accompanies or is
provided with the software. You may not download
or install the software until you have read and
accepted the terms of the applicable software
license agreement. Without
limiting the foregoing, copying or reproduction
of the software to any other server or location
for further reproduction or redistribution is
expressly prohibited unless otherwise
provided for in the applicable software license
agreement in the case of software, or the
express written consent of the Company in the
case of codes or other downloadable
materials.
Limited Access. Except as otherwise expressly
permitted by the Company, any access or attempt
to access other areas of the Company computer
system or other information
contained on the system for any purposes is
strictly prohibited. You agree that you will not
use any robot, spider, other automatic device,
or manual process to “screen scrape,”
monitor, “mine,” or copy the Web pages on the
Site or the Content contained therein without
the Company’s prior, express, and written
permission. You will not spam or send
unsolicited e-mail to any other user of the Site
for any reason. You agree that you will not use
any device, software or routine to interfere or
attempt to interfere with the proper
working of the Site. You agree that you will not
take any action that imposes an unreasonable or
disproportionately large load on the Company’s
infrastructure.
Additional Use Restrictions. You shall not post,
transmit, e-mail, re-transmit or store material
on or through any of the services provided by
the Company (the “Services”) which,
in the sole judgment of the Company: (i) is in
violation of any local, state, federal or
non-United States law or regulation, (ii) is
threatening, obscene, indecent, defamatory or
that
otherwise could adversely affect any individual,
group or entity (collectively, "Persons") or
(iii) violates the rights of any person,
including rights protected by copyright, trade
secret, patent or other intellectual property or
similar laws or regulations including, but not
limited to, the installation or distribution of
"pirated" or other unauthorized photos or
software products that are not appropriately
licensed for use by you. You shall be
responsible for determining what laws or
regulations are applicable to its use of the
Services.
In addition, you may only use the Services in a
manner that, in the Company's sole judgment, is
consistent with the purposes of such Services.
If you are unsure of whether any
contemplated use or action is permitted, please
contact the Company at webmaster@myplacexxx.com.
By way of example, and not limitation, the
following uses described below
of the Services are expressly prohibited:
upload, post, e-mail or otherwise transmit any
information, data, text, software, music, sound,
photographs, graphics, video, messages or other
materials (collectively, “Content”)
that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar,
obscene, libelous, invasive of another's
privacy, hateful, sexually intolerant or
racially,
ethnically or otherwise objectionable.
impersonate any person or entity, including, but
not limited to, a Company official, forum
leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a
person or entity;
forge headers or otherwise manipulate
identifiers in order to disguise the origin of
any Content transmitted through the Services or
develop restricted or password-only access
pages, or hidden pages or images (those not
linked to from another accessible page);
upload, post, e-mail or otherwise transmit any
Content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships such as inside
information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements;
upload, post, e-mail or otherwise transmit any
Content that infringes any patent, trademark,
trade secret, copyright or other proprietary
rights of any party;
upload, post, e-mail or otherwise transmit any
unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes" or any
other form of solicitation;
upload, post, e-mail or otherwise transmit any
material that contains software viruses, worms
or any other computer code, files or programs
designed to interrupt, destroy or
limit the functionality of any computer software
or hardware or telecommunications equipment;
disrupt the normal flow of user interaction,
cause a screen to "scroll" faster than other
users of the Services are able to type, or
otherwise act in a manner that negatively
affects
other users' ability to engage in real time
exchanges;
interfere with or disrupt the Services or
servers or networks connected to the Services,
or disobey any requirements, procedures,
policies or regulations of networks connected to
the Services;
intentionally or unintentionally violate any
applicable local, state, national or
international law, including, but not limited
to, regulations promulgated by the U.S.
Securities and
Exchange Commission, any rules of any national
or other securities exchange, including, without
limitation, the New York Stock Exchange, the
American Stock Exchange or the
NASDAQ, and any regulations having the force of
law;
‘stalk’ or otherwise harass another user of the
Site or Company employee or official;
promote or provide instructional information
about illegal activities, promote physical harm
or injury against any group or individual, or
promote any act of cruelty to animals. This
may include, but is not limited to, providing
instructions on how to assemble bombs, grenades
and other weapons, and creating "Crush" sites;
and
effecting security breaches or disruptions of
Internet communication. Security breaches
include, but are not limited to, accessing data
of which you are not an intended recipient
or logging into a server or account that you are
not expressly authorized to access; any content
not fitting the context of this website; any
violation of the "What Not To Post"
displayed inside the website.
4. DISCLAIMER WARRANTY
This Site, including all software, functions,
materials, and information is provided “as is”
without warranties of any kind, either express
or implied. The Company disclaims all
warranties, express or implied, including, but
not limited to, warranties of quiet enjoyment
and non-infringement and implied warranties of
merchantability, fitness for a particular
purpose, non-infringement, title, quiet
enjoyment, merchantability of computer programs,
data accuracy, system integration, and
informational Content. The Company does not
warrant or make any representations regarding
the operation of this Site, the use, validity,
accuracy or reliability of, or the results of
the use of the materials on this Site or any
other sites linked to this Site. The materials
of this Site may be out of date, and the Company
makes no commitment to update the materials at
this Site. The Company does not
and cannot guarantee or warrant that the files
available for downloading from this Site, if
any, will be free from infection, viruses,
worms, Trojan horses, or other code that
manifest contaminating or destructive
properties. The Company does not warrant that
this Site, software, materials, products, or
services will be uninterrupted or error-free or
that any defects in this Site, software,
materials, products, or services will be
corrected.
5. LIMITATION OF LIABILITY
In no event will the Company, its suppliers or
other third parties mentioned at or in this Site
be liable for any damages, including, without
limitation direct, indirect, special,
incidental, or consequential damages, damages
resulting from lost profits, lost data or
business interruption arising out of relating to
the use, inability to use, or resulting from the
use of this Site, any web sites linked to this
Site, the materials, software or other
information contained in any or all such sites,
whether based on warranty, contracts, statutes,
regulations, tort (including but not limited to,
negligence) or any other legal theory and
whether or not advised of the possibility of
such damages. If your use of the materials or
information from this Site results in the need
for servicing, repair or correction of equipment
or data, you assume all costs thereof.
6. REVISIONS TO THIS AGREEMENT
The Company may revise this Agreement at any
time without notice by updating this posting. By
using this Site you agree to be bound by any
such revisions and should therefore
periodically visit this Site and page to
determine the then current Terms of Access and
Use conditions of use to which you are bound.
7. TRANSMISSIONS
Any idea you transmit to or post on this Site by
any means will be treated as non-confidential
and non-proprietary and may be disseminated or
used by the Company or its
affiliates for any purpose whatsoever,
including, but not limited to, developing and
marketing products. You are prohibited from
posting or transmitting to or from this Site any
unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, profane
material or any other material, including but
not limited to any material that could give
rise to any civil or criminal liability under
both domestic and international law.
8. YOUR WARRANTIES
You warrant to the Company that:
You are 18 years of age or older and all
information and details provided by you to the
Company (including on registration as a member)
are true, accurate and up to date in all
respects and at all times, and;
You are the sole owner of all rights in the
materials posted or uploaded by you (including
all related copyrights) or that you have the
absolute right to license their use as provided
in this section. While you will retain ownership
of the copyright in the materials posted or
uploaded by you, you agree that all materials
posted or uploaded by you shall become
part of a database, and that the Company will
own the compilation copyright in that database.
In addition, you hereby grant the Company a
perpetual, worldwide, irrevocable
license to use, reproduce, modify, publish,
publicly perform, publically display and
distribute such materials, and portions of such
materials and any derivative works created from
such materials, in print, electronic and other
media, by any means now known or developed in
the future. We may sublicense all of our rights
and licenses or assign them to third
parties. Neither the Company nor any third party
using the materials in accordance with this
section will be obligated to pay you any
royalties or other compensation for use of the
materials.
You will comply with these Terms of Access and
Use including, without limitation, the USE
RESTRICTIONS set out in Section 3 above;
You agree to indemnify and hold the Company
harmless from any claim or damages (including
any legal fees in relation to same) made by a
third party in respect of any matter
in relation to or arising from your use and/or
membership arising from any breach or suspected
breach of these Terms of Access and Use by you
or your violation of any law or
the rights of any third party.
9. ACTIONS WE MAY TAKE AT OUR SOLE DISCRETION
The Company may take any or all of the following
actions at our sole discretion:
Remove any member profile (including
photographs) or other material that, in our sole
discretion may be inappropriate or we suspect to
be illegal, subject us to liability or which
may violate these Terms of Access and Use or
where required to do so by law;
Issue members with verbal or written warnings
and may take such further action as we deem
appropriate if such warnings are not heeded;
Suspend or terminate a member's access to the
members' area of the Site or a member's account
without notice at any time;
Inform the appropriate authorities and provide
them with information regarding any suspected
illegal activity; or bring legal action against
a member or other user of the Site in
relation to any breach of these Terms of Access
and Use or any illegal or suspected illegal
activity.
10. GOOD SAMARITAN CONTENT AND COMPLAINT
PROCEDURES POLICY
Policy. We have provided opportunities for you
to contribute Content to our Site. It is our
policy, however, not to allow any Content which
may constitute intellectual property
infringement; violations of federal, state, or
local law; obscene or defamatory material, or
may otherwise be unacceptable or inappropriate.
Upon learning of such Content, we
will attempt, and you hereby give the Company
the right, to delete, edit, remove, disable,
change, or restrict access to or the
availability of the Content, which in our sole
discretion, is otherwise unacceptable or
objectionable. We may or may not notify you
about what action we take with respect to the
disputed Content. The provisions of this
section are intended to implement this policy
but are not in any way intended to impose a
contractual obligation upon us to undertake, or
refrain from undertaking, any particular
course of conduct.
Complaint Procedures. If you believe that
another user or other third party has posted
Content which violates this policy or
specifically the USE RESTRICTIONS in Section 3
above,
you may notify the Company as follows: (i) via
e-mail at webmaster@myplacexxx.com; or (ii) via
first class mail (or other nationally-recognized
courier) at: Customer Service
Director, MyPlaceXXX.com, 512 W Superior Street,
Fort Wayne, IN 46802. In order to allow the
Company to respond effectively, please provide
the Company with as much
information as possible in your e-mail or
correspondence, including: (1) the nature of the
right infringed or violated (including any
applicable registration numbers of the
federally-registered intellectual property
allegedly infringed), if applicable, or the
unacceptable or inappropriate Content; (2) all
facts which lead you to believe that a right has
been violated or infringed, if applicable; (3)
the precise location where the offending Content
is located; (4) any grounds to believe that the
party or user which posted the
Content was not authorized to do so or did not
have a valid defense (including the defense of
fair use), if applicable; (5) if known, the
identity of the party or user who posted the
infringing, offending, or inappropriate Content;
and (6) in the case of alleged copyright
infringement claims, information sufficient to
identify the work and your claims to
ownership.
Indemnification/Waiver of Certain Rights. By
contacting the Company and complaining of an
alleged violation, you agree that the substance
of your complaint shall constitute a
representation made under the pains and
penalties of perjury pursuant to the laws of the
Commonwealth of Indiana. In addition, you agree,
at your own expense, to defend and
indemnify the Company and hold the Company
harmless against all claims which may be
asserted against the Company, and all losses
incurred, as a result of your complaint
and/or our response to it.
Waiver of Claims and Remedies. We expect all
users of our Site to take responsibility for
their own actions and cannot and do not assume
liability for any acts of third parties
which take place at our Site. By utilizing the
Good Samaritan procedures set forth herein, YOU
WAIVE ANY AND ALL CLAIMS OR REMEDIES WHICH YOU
MIGHT OTHERWISE BE
ABLE TO ASSERT AGAINST THE COMPANY UNDER ANY
THEORY OF LAW (INCLUDING, BUT NOT LIMITED TO,
INTELLECTUAL PROPERTY LAWS) THAT ARISE OUT OF OR
RELATE
IN ANY WAY TO THE CONTENT AT THIS SITE OR OUR
RESPONSE, OR FAILURE TO RESPOND, TO A COMPLAINT.
Investigation/Liability Limitation. You agree
that we have the right, but not the obligation,
to investigate any complaint received. By
reserving this right, we do not undertake any
responsibility in fact to investigate complaints
or to remove, edit, disable or restrict access
to or the availability of Content. We will not
act on complaints that we believe, in our
sole discretion, to be deficient, incomplete, or
otherwise questionable. If you believe that
Content remains on this Site which violates your
rights, YOUR SOLE AND EXCLUSIVE
REMEDY SHALL BE AGAINST THE USER OR OTHER PARTY
RESPONSIBLE FOR SAID CONTENT, NOT AGAINST THE
COMPANY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST
THE
COMPANY SHALL BE TO TERMINATE YOUR USE OF THIS
SITE AND SERVICE.
Digital Millennium Copyright Act Compliance. As
set forth in Subsection (b), you must contact
our agent if you believe that a work protected
by a U.S. Copyright which you own
has been posted on our Site without
authorization or that our Site, in some material
way, contributes to its infringement. It is our
policy in appropriate circumstances, if
possible,
to terminate the access rights of repeat
infringers and other users who use this Site in
an inappropriate or objectionable manner.
11. COOPERATION WITH LAW ENFORCEMENT
The Company reserves the right to fully
cooperate with any law enforcement authorities
or court order requesting or directing the
Company to disclose the identity or other
information regarding any user or member alleged
by any governmental entity to be using the Site
or any Content or materials available in, at,
through or in association with the
Site in violation of any law or regulation, or
in violation of this Agreement, including,
without limitation, the posting of e-mail
messages, or publishing or otherwise making
available any such materials. BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS THE
COMPANY FROM ANY CLAIMS RESULTING FROM ANY
ACTION BY THE
COMPANY DURING, OR AS A RESULT OF, ITS
INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER THE
COMPANY OR LAW
ENFORCEMENT AUTHORITIES
12. APPLICABLE LAWS, VENUE, JURISDICTION &
MANDATORY ARBITRATION
If any provision(s) of this Agreement is held by
a court of competent jurisdiction to be contrary
to law, then such provision(s) shall be
construed, as nearly as possible, to reflect
the intentions of the parties with the other
provisions remaining in full force and effect.
The Company’s failure to exercise or enforce any
right or provision of this Agreement
shall not constitute a waiver of such right or
provision unless acknowledged and agreed to by
the Company in writing. The section titles in
this Agreement are solely used for the
convenience of the parties and have no legal or
contractual significance. This Agreement may be
assigned in whole or in part by the Company.
This Agreement may not be
assigned in any manner by you without the
express, prior written permission of the
Company.
I agree to these terms
I certify that I am at least 18 years of age |