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Sexiest-Celebrities.com - Terms of Use - updated 08/26/06
AGREEMENT BETWEEN YOU THE "USER" AND Sexiest-Celebrities.com
This Web Site Allows all Users To:
- Register and create a user account at Sexiest-Celebrities.com for FREE
- View all main message board discussion topics, number of posts, etc
- View site statistics
- Contact a site Administrator or Moderator
- Become a paid member
- View and participate in the Sexiest-Celebrities.com message board Forums
- Access and view images posted to the Sexiest-Celebrities.com message board Forums
- Access and view celebrity pictures maintained in the Private Image Gallery
- Access and view celebrity movie-clips maintained in the Private Movie Clip Gallery
- Purchase the complete database inventory of Sexiest-Celebrities.com on DVD
- Upgrade account access levels
The use of this Web Site is governed by these terms of use, the privacy policy ("Privacy Policy"), the adult area disclaimer ("Adult Area Disclaimer") and all other codes, ratings systems or guides displayed on this Web Site from time to time). The Privacy Policy, Code of Conduct, Adult Area Disclaimer and all other codes, ratings systems or guides displayed on this Web Site from time to time form part of these Terms of Use. Your use of this Web Site constitutes your agreement to the Terms of Use, Privacy Policy, Code of Conduct and all other codes, ratings systems or guides displayed on this Web Site from time to time.
Additional services, goods and functionality (for example, sweepstakes, games, awards or chat areas) may be offered on this Web Site from time to time. Special terms may apply to those additional services, goods or functions.
In the event that these Terms of Use conflict with any such special terms then the Special terms of use will prevail.
MODIFICATION OF THESE TERMS OF USE
Sexiest-Celebrities.com reserves the right to change these Terms of Use including but not limited to the charges associated with the use of this Web Site. These are the current Terms of Use and they may change at any time. They replace any other terms of use for this Web Site published on Web Site to date. You, the user, are responsible for regularly reviewing these Terms of Use. Your continued use of this Web Site following modification and publication of these Terms of Use will be deemed acceptance of such modifications.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, this Web Site is for your personal entertainment and non-commercial entertainment. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, images, movie clips, software, products or services obtained from this Web Site. All information, images, movie clips, software, products or services belong to their respective owners and may copyrighted or trademarked by their respective owners. Any donations associated with this site are strictly for the maintenance of this site and are not considered compensation for any of the material on this site. Payments, donations, or contributions do not constitute a long-term or short-term service commitment or contract obligation by Sexiest-Celebrities.com.
YOUR DETAILS
You acknowledge that it is your responsibility to ensure that any information that you provide to Sexiest-Celebrities.com is accurate and up to date. In particular, you are responsible for and must ensure that the email address you provide Sexiest-Celebrities.com is accurate and that your disclosure of your email address does not infringe upon your employer's or ISP's email policy.
If you need to amend any details that you have provided to Sexiest-Celebrities.com, you can access your personal profile from the Main Menu or email the Web Master and update or amend as necessary.
RESTRICTED AREAS ON THIS WEB SITE
This Web Site may contain information, images, movie clips, conversation or language intended for adults only. This Web Site may also contain areas which are restricted to "members only". When applying to become a member of this Web Site, a member who is 18 years of age or older may nominate that he or she wishes to be given access to the adult only areas on this Web Site. If you are not 18 years of age or older or do not wish to be given access to the adult areas, you must not nominate that you wish to have access to the adult only areas on this Web Site.
For further information, see the Adult Area Disclaimer which forms part of these Terms of Use.
USER NAME, PASSWORD AND ACCOUNT BEHAVIOR
You agree that:
LINKS TO THIRD PARTY SITES
This Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of Sexiest-Celebrities.com and Sexiest-Celebrities.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Sexiest-Celebrities.com is not responsible for any form of transmission received from any Linked Site. Sexiest-Celebrities.com is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement, ownership or approval by Sexiest-Celebrities.com of the Linked Site or any association with its operators, information or content.
Subject to any applicable laws which cannot be excluded, Sexiest-Celebrities.com makes no representations or warranties:
- Regarding the quality, accuracy, merchantability or fitness for purpose of Linked Sites or the contents, products or services available through Linked Sites;
- That the contents of a Linked Site does not infringe the intellectual property rights of any person; or
- That by linking this Web Site to another Linked Site, Sexiest-Celebrities.com is not authorizing the reproduction of any material on those Linked Sites.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web Site, you warrant to Sexiest-Celebrities.com that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Web Site in any manner which could damage, disable, overburden or impair this Web Site or interfere with any other party's use and enjoyment of this Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Web Site. Sexiest-Celebrities.com expressly denounces any use of child pornography and will provide detailed user information, to include username, account information, email address and Internet Protocol (IP) address, to the authorities for any such user uploading, adding, mailing, or transmitting child pornography to or through this Web Site.
USE OF COMMUNICATION SERVICES
This Web Site may contain chat areas, news groups, forums, communities, personal web pages, links to webcam broadcasts and/or other message or communication facilities designed to enable you to communicate with other members or with a group of members (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are adequate and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any fraudulent, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents or licences;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
- Conduct or forward surveys, contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
- Violate any code of conduct or other guidelines which may be applicable to any particular Communication Service;
- Use, publish, post, harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
- Violate any applicable laws or regulations or encourage conduct that would constitute a criminal offence.
Sexiest-Celebrities.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You acknowledge that each Communication Service is a public service. Always use caution when giving out any personally identifying information about yourself or your children on any Communication Service.
Sexiest-Celebrities.com does not control, approve or endorse the content, messages or information found in any Communication Service and, therefore, Sexiest-Celebrities.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Moderators and operators are not authorized by Sexiest-Celebrities.com agents or spokespersons and their views do not necessarily reflect those of Sexiest-Celebrities.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Sexiest-Celebrities.com OR POSTED ON this Web Site
Sexiest-Celebrities.com does not claim ownership to the materials you provide to this Web Site (including feedback, suggestions or images) or post, upload, input or submit to any Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sexiest-Celebrities.com, its affiliates, related bodies corporate and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to sublicence, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No fee, royalty or compensation will be paid with respect to the use of your Submission, as provided in these Terms of Use. Sexiest-Celebrities.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AVAILABLE ON THE Sexiest-Celebrities.com WEB SITE
Unless otherwise indicated, software that is made available to you to download from this Web Site is third party products ("Third Party Software"). Your use of the Third Party Software may be governed by the terms of an end user license agreement which accompanies or is included with the software ("Third Party Licence Agreement"). You may not install or use any Third Party Software that is accompanied by or includes a Licence Agreement unless you first agree to the Licence Agreement terms.
To the extent permitted by law, Sexiest-Celebrities.com accepts no liability in respect of the Third Party Software and gives no endorsement and does not provide technical support in relation to the Third Party Software.;
Third Party Software is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Third Party Software may be expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE THIRD PARTY SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION MAY BE EXPRESSLY PROHIBITED.
PAID (DONATION) MEMBER SUBSCRIPTIONS.
This Web Site allows users to:
- Become a Paid Member for a small recurring donation and gain full access to all areas of this message board.
The features and benefits offered to different levels of membership may be changed without notice. Members should check site news and the forum rules web page for current features and benefits.
If you become a Paid Member, you will voluntarily provide a recurring donation in the amount of your choice on our Subscription Page and outlined in our Forum Rules. You will donate using the PayPal Web Site. Subscription are strictly voluntary and do not constitute payment or profit for any content or material on this Web Site. Subscription payments are used for the health and welfare of this Web Site and will never constitute a long-term agreement or contract of any type.
Subscription payments will appear on your credit card statements as the name of our transaction provider; currently "PayPal", Sexiest-Celebrities.com, or NEComputerService.
Subscription memberships may not be transferred to any other person or any other member username.
Sexiest-Celebrities.com reserves the right to suspend or terminate the membership or donation of any member at its sole discretion, whether due to misconduct or otherwise. If such termination occurs, the member's donation will be forfeited and no further fees will be charged to the member or reimbursed to the member.
By requesting membership and completing the membership process for this Web Site you, you hereby acknowledge having read, understood and agreed to the terms and conditions herein stated, and agree to indemnify, defend, and hold PayPal and Sexiest-Celebrities.com harmless from any and all claims, liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use of this Web Site, and/or your purchase or offer to purchase any of the products and services offered hereon.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THE WEBSITE. Sexiest-Celebrities.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THIS WEB SITE SHOULD NOT BE RELIED UPON FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATIONS, PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Sexiest-Celebrities.com, ITS AFFILIATES OR RELATED BODIES CORPORATE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, Sexiest-Celebrities.com, ITS AFFILIATES OR RELATED BODIES CORPORATE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS.
SUBJECT TO ANY RESPONSIBILITIES IMPLIED BY LAW AND WHICH CANNOT BE EXCLUDED, Sexiest-Celebrities.com, ITS AFFILIATES OR RELATED BODIES CORPORATE AND/OR ITS SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Sexiest-Celebrities.com ITS AFFILIATES OR RELATED BODIES CORPORATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Liability of Sexiest-Celebrities.com its affiliates or related bodies corporate for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Sexiest-Celebrities.com's option to:
- The supply of the goods or services again;
- The repair of the goods; or
- The payment of the cost of having the goods or services supplied again or repaired.
YOUR LIABILITY
You will be liable for, and you indemnify Sexiest-Celebrities.com on demand against, any loss, liability or damage which Sexiest-Celebrities.com has suffered or may suffer because you did not observe your obligations under these Terms of Use Privacy Policy, Code of Conduct or Adult Area Disclaimer or you, or a user using your user name and password, acted negligently or fraudulently when using this Web Site.
TERMINATION/ACCESS RESTRICTION
Sexiest-Celebrities.com reserves the right, in its sole discretion, to suspend or terminate your access to any or all of this Web Site and the related services or any portion thereof at any time, without notice.
GENERAL
You agree that no joint venture, partnership, employment or agency relationship exists between you and Sexiest-Celebrities.com as a result of this agreement or use of this Web Site.
Sexiest-Celebrities.com's performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Sexiest-Celebrities.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Sexiest-Celebrities.com with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified in these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer constitute the entire agreement between the user and Sexiest-Celebrities.com with respect to this Web Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sexiest-Celebrities.com with respect to this Web Site.
A printed version of these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Sexiest-Celebrities.com may assign or transfer ownership of and benefits of the agreement between you and Sexiest-Celebrities.com recorded by these Terms of Use, the Privacy Policy, the Code of Conduct and the Adult Area Disclaimer in relation to this Web Site to a third party at any time without your consent.
COPYRIGHT AND TRADEMARK NOTICES
Copyright in the contents of this Web Site is owned or licensed by Sexiest-Celebrities.com. Except where necessary for viewing and using the contents of this Web Site on your browser, or as permitted under the Copyright Act or other applicable laws, no content may be reproduced, adapted, performed in public or transmitted in any form by any process without the specific written consent of the copyright owner. Pictures, images and movie clips or trailers ARE FOR VIEWING PURPOSES ONLY and should not be copied without permission. Copyrights and ownership of the contents of this web site belong to the respective owners. Any donation paid to this site is strictly for the maintenance of this site and is not considered compensation for the content provided for this site.
The names of the companies and products mentioned on this Web Site may be the trade marks of their respective owners.
Any rights not expressly granted herein are reserved.
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