Last Updated: July 24th, 2013
2. Trademarks. All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Web Site name, the Web Site design, and any logos) (collectively "Marks") are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without Company's prior written consent. The use of Company trademarks on any other web site or network computer environment is not allowed. Company prohibits the use of Company trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance.
3. Unsolicited Submissions Policy. We are pleased to hear from our fans and guests and we welcome your comments. Except where we specifically request comments or submissions, we do not accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. This policy is designed to avoid misunderstandings if projects developed by our professional staff seem to others to be similar to their own creative work. Accordingly, we request that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against Company (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Company a nonexclusive, perpetual, worldwide license and right (including any moral rights) to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
4. Solicited Submission Policy. Where we have specifically invited or requested submissions, we encourage members and/or guests to submit user published content or user content (e.g. postings to chat rooms, webcam chats, forums, participation in communities, commenting on blogs, model submissions, photographer submissions, video rankings, reviews, etc.) to us that they have created for consideration in connection with the Web Site and any related wireless and online broadcasts ("User Submissions"). User Submissions remain your intellectual property, and subject to Section 19(ii), you must have obtained all necessary consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the following license. By posting User Submissions on our Web Site, you expressly grant Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right (including any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. You forever release Company and its officers, directors, employees, agents and advertisers from any and all claims associated with using the User Submission and any associated identifying characteristics, including without limitation claims arising from rights of publicity, rights of privacy, any moral rights, infliction of emotional distress, trespass, trademark copyright, patent, trade secret, obscenity or defamation. All User Submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
6. Advertising Rights. We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Web Site or your User Submissions, and Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.
7. Subscriptions and Orders. Details of the subscription levels and Services available for purchase are set out on the Web Site. All prices are displayed inclusive of all taxes. All features, content, specifications, subscription levels, Services, and prices described or depicted on this Web Site are subject to change at any time without notice. The inclusion of any products or Services on this Web Site at a particular time does not imply or warrant that these products or Services will be available at any time. By placing an order, you represent that the Services will be used only in a lawful manner. If you choose a recurring subscription option, you acknowledge that your subscription will renew automatically at the end of your subscription period until you request a cancellation and you authorize us (or our service provider) to charge your chosen payment method to pay the recurring fees for the subscription. Payment processing is managed by a third party vendor. When you purchase a subscription or Service, you will leave this Web Site and you may be subject to additional terms and conditions.
8. Refund Policy. You may request a one-time refund for Services purchased for the Web Site in the event that you are not satisfied or for any reason within 90 days. The Services, subscription and access to the Web Site will be terminated upon such refund. You may not create multiple accounts and request multiple refunds. Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under local law. To request a refund, please contact email@example.com.
9. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm subscriptions by email, the receipt of an email confirmation does not constitute our acceptance of a subscription order or our confirmation of an offer to sell a subscription. We reserve the right, without prior notice, to limit the order quantity on any service or subscription level and/or to refuse Services to any customer. We also may require verification of information prior to the acceptance of any order.
10. Linking to this Web Site. Creating or maintaining any link from another web site to any page on this Web Site except through our Affiliate Program MetArt Money is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
11. Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by Company or its affiliates. For example, you will leave the Web Site and enter a third party payment processor web site when you make a payment for Services. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.
13. Account Registration and Security. You understand that you may need to create an account to have access to all of the parts of the Web Site. In consideration of your use of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Web Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
14. User Published Content. User published Content does not represent the views of Company or any individual associated with Company, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, Company's endorsement of user published Content. Company does not vouch for the accuracy or credibility of any user published Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.
15. Fees. For all charges for any Services sold on the Web Site, Company (or our service provider) will bill your credit card or alternative payment method offered by Company. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web Site.
16. Access and Interference. We make no promise that the Web Site and Services are appropriate or available for use in locations outside the United States ("Territory"), and accessing the Web Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this Web Site from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the use of the Website any Services. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. If you attempt to access the Web Site excessively with multiple log-in credentials, we may flag your use as a security risk and suspend access to the Web Site. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; (iii) bypass any measures we may use to prevent or restrict access to the Web Site; or (iv) disrupt the interaction of other users of the Web Site or the Services.
17. Force Majeure. Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
18. Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with this Agreement, you affirm, represent and warrant the following: (i) you are at least 18 years old and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses in Sections 3 and 4; (iii) if necessary you have the written consent of each and every identifiable natural person in a User Submission to use such persons name or likeness in the manner contemplated by the Web Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms of this Agreement; (v) you are not, and have not been an agent of Company and were not and are not acting on behalf of, or as a representative of, Company or any other party in connection with any User Submission; (vi) any User Submission and Company use thereof as contemplated by this Agreement and the Web Site will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; (vii) you are not, nor is any other person who appears in any of your User Submissions, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) your User Submission does not contain: (a) material falsehoods or misrepresentations that could harm Company or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements, promotions or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
19. DISCLAIMERS. Your use of thIS Web Site is at your risk. THE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE CONTENT, INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT, INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE CONTENT AND SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE WEB SITE AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
20. LIMITATIONS OF LIABILITY. Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, device, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any Content, information or materials from this Web Site. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE CONTENT, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH SERVICES IN ACCORDANCE WITH THE REFUND POLICIES POSTED ON THIS WEB SITE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEB SITE.
21. Indemnity. You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Company; or (vi) any other party's access and use of the Web Site with your unique username, password or other appropriate security code.
22. Release. In the event that you have a dispute with one or more other users of the Web Site, you release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
25. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. In operating the Web Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site. Company has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content.
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed; 2. Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site; 3. A 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; 4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 5. Your address, telephone number, and email address; and 6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature; 2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright 2013, Hydentra, LP. ALL RIGHTS RESERVED. Copyrights, Trademarks and Service Marks of Third Parties.