Sex.com

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Effective as of June 09, 2008

WELCOME TO SEX.COM!

We are Escom, LLC, the owner and operator of the domain located at http://www.sex.com and its affiliated sites, or simply our “Domain.” We have created a Domain where adults can share information about matters of interest to them. This includes sex, dating, relationships, travel, food, work, experiences anything that active adults consider important to their lives. Our goal is to make using our Domain as easy as possible. However, we need some rules to make sure everything operates smoothly. That is what these Terms and Conditions are all about. They set out rules for accessing our Domain and using its content and services. Please take a moment to read these Terms and Conditions as they set forth your rights and responsibilities when using our Domain.

ABOUT OUR DOMAIN

These Terms and Conditions Are a Binding Legal Contract

Our “Terms and Conditions” mean the provisions on this page as well as supplementary terms in our Privacy Policy, and those provided for specific products or services. In case of a conflict between the provisions on this page and any supplementary terms, the supplementary terms prevail. Our Terms and Conditions constitute a binding legal contract between us regarding your access to our Domain and your use of any of its Contents or services which you accept by accessing our Domain. If you do not agree to anything in these Terms and Conditions you should not access our Domain. However, if you do agree to abide by our Terms and Conditions then please come in. Note that these Terms and Conditions are subject to change as provided in Paragraph 1.9 and your acceptance applies to all changes as well.

Navigating Our Domain

Our Domain has several components. There is the main area in which you can browse information about our Domain. We also host an adult Community where you can share information and experiences with other adults, a Store where you can download Content or buy Merchandise, and Channels where you can view offerings from our Channel Partners. In order to access our Community, Channels or explicit Adult Content in our Store, we require that you become a Member and obtain a Username and Password. IOur Domain may contain images that are only suitable for adults. In order to view these images, we require you to take an additional step and become what we call “Adult Authorized.” This requires some additional age verification information and a small fee to cover our costs. Once you are Adult Authorized you can access and view all areas and all images on our Domain.

Our Domain Is Adult-Oriented

Our Domain contains Content consisting of text, graphics, artwork, images, photographs, merchandise, audio clips, video clips, icons and software, along with their selection, design and arrangement. Some our Content may only be suitable adults. As a result, you must be at least 18 years of age, or the age of majority where you live if older, to access certain sections of our Domain, such as our Community, our Store or our Channels. Sorry, there are no exceptions. By signing up to become a Member or attempting to access these sections you positively certify that you are older than 18 years of age or the age of majority where you live, whichever is older; that you are familiar with all local laws in your area affecting your right to access adult-oriented materials; that you have the legal right to access adult-oriented materials and we have the legal right to transmit them to you; and that you will never attempt to share any adult-oriented Content or materials from our Domain with a minor in any way.

Custodian of Records

All persons who appear in any visual depiction of sexually explicit conduct that we have posted on our Domain were to the best of our knowledge over 18 years of age at the time their depictions were created. To read our full 18 USC 2257 Record-Keeping Requirements Compliance Statement, please click here. The records required by 18 U.S.C. § 2257 and 28 C.F.R. § 75 with respect to visual depictions of sexually explicit conduct applicable to us are kept by our Custodian of Records whose contact information is: A. Marshall, 23480 Park Sorrento, #206B, Calabasas, CA 91302. Email: legal@escomllc.com

Becoming a Member and Selecting a Username and Password

To access our Community, Channels or Store you must become a Member by registering with us and selecting a unique Username and Password. You will be provided with a sign-up page for so doing before you access those sections. You will need to give us with some personal information which we will maintain in accordance with our Privacy Policy. You must keep your Username and Password confidential as you are responsible for all activity initiated under them. At no time should you respond to any online request for your Username or Password except in connection with the log-on process to our Domain. Your disclosure of your Username or Password to any other person is entirely at your own risk.

Becoming Adult Authorized to View Explicit Content

In order to view explicit images on our Domain we require you to become Adult Authorized. This requires an additional step in you provide to us additional personal information which will be used by an Age-Verification Service to verify that you are 18 years of age or older. Any information you provide must match that used by the identification method, such as your name, address, or other identifier. You can become Adult Authorized when you sign-up to become a Member or by purchasing Content or Merchandise in our Store. We charge a small, non-refundable fee if you become a Member of our Community only through sign-up and not through a purchase to cover our costs as stated on the Adult Authorization sign-up page. There is no fee if you are Adult Authorized while purchasing either Content or Merchandise in the Store.

Your Profile Page in the Community

Once you become a Member we will create a Profile page for you in our soon to be launched Community. Your Profile page provides information about you which is then made available to other Members of the Community. Some information is required, but most information is optional. Your Profile page also allows you to operate your own blog and to upload you own content. The details are described below.

Return Access after Sign-Up

After you have a Username and Password you can access our Domain on a regular basis. We will ask you on our log-in page whether you want us to allow return access to our Domain without requiring you to re-enter your Username and Password. If you agree, we will install a “cookie” on your computer that identifies you and allows return access to our Community, Store and Channels directly without the need to log-in with your Username and Password. However, you will be prompted to log-in using your username and password at the point of checkout if you are purchasing items from our Store even though you may already be logged in to help protect your account from unauthorized purchases.

Complete and Accurate Information Is Essential

You agree to provide complete, accurate and current information about you when you sign up to join as a Member, to become Adult Authorized and/or to create your Profile. You also agree to update the information periodically as necessary to keep it current. If we have a question about any information you have provided you agree to give us any additional information we need to resolve the question if you want to continue as a Member. You also authorize us, directly or through third parties, to make inquiries that we consider appropriate to validate any information you provide. We are especially concerned about information showing that you are 18 years of age or older and take this seriously. If you misrepresent who you are or provide any information that is false or materially misleading, we reserve the right in our sole discretion to suspend or cancel your Membership without notice and to take such other action as may be allowed by law. However, you acknowledge that we do not guarantee the age or identity of any other Member of the Community nor the completeness or accuracy of the information provided by any Member.

Your Membership Gives You a License to Access Our Domain

Upon signing up and becoming a Member we grant you a limited, non-exclusive, non-transferable license to access our Domain in order to browse its Contents, participate in our Community, interact with our Channel Partners, and order from our Store. We reserve the right to change, limit or terminate this license and your access to all or any part of our Domain at any time if you fail to abide by these Terms and Conditions. You are only licensed to access our Domain for your personal, non-commercial use. You may not use any Content that you access, browse or download from our Domain for further public distribution, performance or display nor make it available on any peer-to-peer network, file sharing service, or system for sending information to others. You must also comply with all applicable laws when accessing our Domain and you agree to do so. Accessing our Domain or its Content may not be lawful in certain countries and attempting to do so from a restricted country is prohibited. If you access our Domain from outside of the United States you must comply with the laws of your jurisdiction for so doing.

Your Membership Is Personal and Cannot Be Transferred Especially to a Minor

Your Membership is personal to you and may not be transferred to or used by any other person, and any attempt to do so will be void and a material breach of these Terms and Conditions. Under no circumstances may you ever allow anyone who is under 18 years of age, or under the age of majority where you live if older, to use your Username or Password to access our Domain or any of its Content. If we discover you have done so, we may immediately cancel your Membership without prior notice. If you suspect that someone is using your Username or Password without your authorization, contact us immediately. You will need to give us all information you have about the unauthorized use and co-operate fully with us in investigating the matter. We may request that you adopt additional security procedures in the future to prevent further unauthorized use.

Either of Us May Cancel Your Membership or Suspend Your Access at Any Time

You may cancel your Membership at any time for any reason by giving us notice at the e-mail address for doing so identified on our Domain, by calling our customer service number, or by writing to us. Your cancellation will be effective as soon as we receive notice. We may also suspend your access to all or any part of our Domain or cancel your Membership at any time for any reason. Some promotions may require cancellation charges, which you agree to pay as described in the promotion in case of cancellation. Cancellation of your Membership will not alter your obligation to pay any outstanding charges for Content or Merchandise you have acquired from our Store or any Channel Partner. If your Membership is cancelled for any reason, by you or by us, you must immediately remove from your computer copies of any Content that you have downloaded or printed from our Domain that you have not paid for or do not own.

PARTICIPATING IN OUR COMMUNITY

Managing Your Profile and Postings

When you become a Member, we create a Profile page for you in our Community. Your Profile allows you to interact with other Members in the Community. It also allows you to post and exchange information, data, text, music, photographs, graphics, artwork, video, audio, messages, or other materials (”Postings”). Generally, the Community sets standards about the Postings it finds acceptable. However, you do have some obligations and responsibilities for your Postings as set out below.

Using an Alias

When you create a Profile you will need to create a name to identify you in our Community. You can use your own name or create an Alias. However, you may not use an Alias which: (i) is confusingly similar to the name of another person; (ii) violates any trademark or other right of another person; (iii) is materially misleading as to your affiliation or identity; or (iv) which is vulgar, offensive or in bad taste. We reserve the right to remove or change any Alias that we believe in our discretion does not conform to these requirements. In our discretion we may indicate on your Profile page that your name is an Alias.

Providing Personal Information

On your Profile page you will be asked to provide certain personal information about yourself. Providing any information is voluntary except where indicated otherwise. However, if you elect to provide personal information it must not be materially misleading. We reserve to remove or change any personal information on your profile Page which we believe in our discretion is materially misleading. However, we do not guarantee we will do so. We do not guarantee the accuracy or completeness of any personal information about any Member on any Profile page.

The Content in Postings Is Your Responsibility

On your Profile page you can also create and operate your own blog. You also have an area to upload personal content on the page for others in the Community to access. The information on your blog and the content you upload are all part of your Postings. You agree that all Postings are the sole responsibility of the person from which such Postings originated. This means that you, not us, are entirely responsible for the consequences of all Postings that you access, receive, make, or post. We do not guarantee the truthfulness, accuracy, timeliness or reliability of any Postings and do not endorse any opinions they may express. Your reliance on any Postings by any other Member will be at your own risk.

There Are Some Restrictions on the Content in Postings

There are some restrictions on what you can include in your Postings. In particular, you may not make any Posting that in whole or in part: (i) is protected by copyright, trademark, trade secret or other intellectual property right without permission to do so from the right owner(s); (ii) infringes any personal, privacy, publicity or moral right of any other person without their permission; (iii) is considered by us in our sole judgment to be obscene, indecent, defamatory, threatening, lewd, harassing, abusive, hateful, defamatory, discriminatory, embarrassing, excessively violent, harmful to others or just plain nasty; (iv) contains advertisements or solicitations of business; (v) constitutes or furthers a chain letter or pyramid scheme; (vi) contains false or misleading biographical information about you or information that impersonate another person. We reserve the right to delete any Postings we deem inconsistent with this policy in our sole discretion. However, we do not regularly monitor Postings and we assume no obligation to do so or liability for failure to do so. If you are aware of any Posting which you believe violates this policy, please contact our customer service department. Provide as much detail as possible, including the objectionable item, where we may find it, the reasons(s) it should be removed, and a statement certifying the accuracy of the information you provided to us. We will then take such action, if any, as we believe appropriate in our discretion.

There Are Specific Requirements for Posting Adult Content

If any of your Postings includes any photographs, videos or other visual images we will initially assume that they contain depictions of sexually explicit conduct and therefore endeavor to block access to them by any Member who is not Adult Authorized. When you upload the visual image, you can make an affirmative election that it does not contain any depictions of sexually explicit conduct and elect to unblock it and thus make it available for viewing by any Member of our Domain. You are solely responsible for all consequences of this decision. In particular, if the visual image does in fact contain any depictions of any sexually explicit conduct, regardless of what you may believe, you will be responsible for obtaining all records required by 18 U.S.C. § 2257 and 28 C.F.R. § 75 with respect to the visual depiction and making the appropriate statement regarding the location of the Custodian of Records they require. This is your responsibility. We do not regularly monitor Postings for such compliance and we assume no obligation to do so. However, if discover or are informed about any visual images in your Postings that contain depictions of sexually explicit conduct and which do not comply with these requirements, we reserve the right to immediately remove such Posting without prior notice to you. We also reserve the right to suspend or terminate your Membership and access to our Domain for any violation of this requirement.

Maintaining Appropriate Conduct In Our Community

You agree that by accessing our Community you will not engage in any of the following conduct: (i) posting a Profile for anything other than to participate in the Community; (ii) sending a message to another Community Member for any reason other than to participate in the Community; (iii) deleting or revising any Posting by any other Member or Channel Partner; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup for any reason. Our Community may be accessed only by registered Members of our domain, which should have only one unique Username with one unique Password. If you are found to share passwords with any non-registered Member we will terminate your Membership immediately without notice.

Your Retained Rights in Your Postings

If you make or create any Posting in the Community or on our Domain, we agree that you retain all applicable copyright, trademark and other intellectual property rights that you may have in the Posting rights SUBJECT TO the license granted to us in Paragraph 3.9, to other Community Members in Paragraph 3.10, and other rights granted to us in these Terms and Conditions. In making this statement we do not acknowledge or advise that you have any particular intellectual property rights in any Posting, but we are simply indicating that we do not intend for you to relinquish any intellectual property rights you may have in your Postings except as provided in these Terms and Conditions.

Our License to Use Your Postings

You agree that by making any Posting anywhere on our Domain you are automatically granting to us a non-exclusive, fully transferrable, royalty-free, worldwide, perpetual and irrevocable license to make available, use, reproduce, modify, adapt, publish, translate, distribute, transmit, retransmit, publicly perform, display, make, vend or sell such Posting in whole or in part in any and all manner and media now known or later devised and to authorize others to do so. In so doing we may use your name, voice and likeness in connection with the Posting but not as an endorsement of any other product or service.

Member’s License to Use Your Postings

You agree that by making any Posting anywhere on our Domain you are automatically granting to any other Member of our Community a non-exclusive, royalty-free, perpetual and irrevocable license to make available, use, reproduce, modify, adapt, publish, translate, distribute, transmit, retransmit, publicly perform, or display such Posting for any and all purposes within the Community and to download and copy the Posting solely for the Member’s personal, non-commercial use.

Your Representations, Warranties and Responsibilities about Your Postings

By making any Posting you represent and warrant to us and to other Community Members that: (i) you own or control all rights in the Posting necessary to grant each of us the licenses and rights set forth in these Terms and Conditions; (ii) that you have obtained all necessary authorizations to grant each of us such licenses and rights from any person who appeared in or rendered services or materials for the Posting or who has any rights in the Posting, including effective waivers of any moral rights; and (iii) that nothing in the Posting infringes or interferes with any intellectual property right (patent, copyright, trademark, trade secret, etc.) or personal right (defamation, privacy, publicity, moral right, etc.) of any person. You agree that you are completely responsible for understanding, evaluating and clearing all patent, copyright, trademark, trade secret and other intellectual property rights in any Posting you make, and neither us, our affiliated companies, our advertisers, affiliates, Channel partners or other Community Members will have any liability for any failure on your part to do so adequately.

Termination of Our License

You may elect to terminate the license granted to us in Paragraph 3.9 by a written or e-mail notice to us to do so in conformity with this Paragraph. The notice will not be effective until we confirm actual receipt. In your notice you must identify the specific Posting with sufficient particularity to allow us to identify it uniquely on our Domain. We will then make commercially reasonable efforts to remove the Posting from our Domain and cease further prospective use of the Posting. However, we will not have any obligation with respect to any use of the Posting undertaken before we received Notice, and you agree than any such prior use may continue.

You Are Responsible for Archiving Your Postings

You are responsible for archiving and maintaining copies of all your Postings. While we will usually preserve your Postings on your Profile page for a reasonable time as we deem appropriate in our discretion, we undertake no responsibility to do so or to archive or maintain any Postings. We may periodically delete Postings as we deem appropriate, such as to increase performance or to conserve file space, without prior notice to you. You agree we will have no liability for any loss of data or information do to the loss or deletion of any of your Postings. Therefore, Keep Back-ups!

OPERATION OF OUR DOMAIN

Intellectual Property Rights on Our Domain

The intellectual property rights in the Content on our Domain are owned either by us or our affiliated companies, or by our Channel Partners, advertisers, sponsors, affiliates, programming vendors or Community Members and licensed to us for use on our Domain. As such, all the Content on our Domain is protected by applicable patent, copyright, trademark and other intellectual property law. Granting you access to our Domain does not grant you any ownership rights in any intellectual property on our Domain. You are only granted a limited license to access our Domain and it’s Content in conformity with these Terms and Conditions. Any other attempted access to or use of our Domain or its Contents may infringe our intellectual property rights or those of our suppliers. Sex.com® is a registered trademark of Escom, LLC. There are other trademarks, logos, slogans, and product designations on our Domain. They are only authorized for use on our Domain in conjunction with the particular product or service they designate and you may not use them in any other manner. No trademark, logo or slogan on our Domain may be used as a hyperlink without the prior written permission of its owner. Downloading or printing a copy of any Content on our Domain does not transfer title to the copy to you unless expressly so stated in each case when you download or print. If you do not own title to any copy you may only use such copy for limited periods for your private use in accordance with these Terms and Conditions.

Data Mining Is Not Allowed

Our Domain may only be navigated by the search functions on our Domain and generally available web browsers (e.g., Netscape Navigator or Microsoft Internet Explorer). We do not allow “bots,” electronic robots, crawlers, spiders, avatars, i-agents, automated data mining programs or like software tools to access our Domain to harvest our data, create a compilation of our Contents or catalog our services. Nothing in these Terms and Conditions authorizes such use, directly or by implication. Any use of such tools will be a material breach of these Terms and Conditions and an infringement of our rights.

DRM Circumvention Is Not Allowed

We or our Channel Partners may use digital rights management, copy protection or anti-circumvention software or devices to prevent unauthorized access to our Domain or copying or use of any of our Content. Any attempt to circumvent such software or devices is not allowed and will be a material breach of these Terms and Conditions and an infringement of our rights and those of the Content owners. You agree not to reverse engineer, decompile, circumvent, nullify or remove and such software or devices, and you waive to the fullest extent allowed by law any right or privilege you may have to do so.

Unauthorized Conduct

In order to maintain the integrity of our Domain we restrict or prohibit certain conduct. Engaging in or supporting any of the following conduct will be a material breach of these Terms and Conditions and allow us to suspend or terminate your access to our Domain without prior notice to you:

1. Accessing data not intended for you or logging into a server or account which you are not authorized to access.
2. Attempting to probe, scan, or test the vulnerability of the system or network or to breach the security or authentication measures of our Domain without authorization.
3. Forging any headers or otherwise manipulating any Domain identifiers in order to disguise the origin of any transmission through our Domain.
4. Attempting to interfere with the service to any user, host or network, including by uploading a virus to our Domain, or overloading, flooding, spamming, “mail-bombing,” or “crashing” our Domain or the server of any user.
5. Sending unsolicited commercial e-mail individually or in bulk (also called Spam), which promotes or advertises our Domain or our affiliates, advertisers Channel partners, Community Members, or any of their products or services.
6. Harvesting e-mail addresses off our Domain through an automated process.
7. Bypassing our Domain’s homepage via deep-linking or framing any part of our Domain without our prior express written permission.
8. Linking to our Domain in an e-mail sent for commercial purposes without our prior express written permission.
9. Attempting to gain unauthorized access to our Domain’s Content or services, or interfering with or manipulating in any manner the entry or registration process for our Domain.
10. Falsifying identification or impersonating any person or entity, including our employees, in any chat room, or as any public forum leader, host, or guide, when accessing or participating in our Community or any communication feature or chat room on our Domain.
11. Setting up fake sites or dummy websites that purport to be our Domain, mirroring our Domain’s contents, or otherwise copying without our authorization any part of our Domain or its layout.

You should be aware that any actual or attempted unauthorized access to our Domain or engaging in any of the above unauthorized conduct may result in civil or criminal liability.

We Reserve the Right to Investigate Any Attempted Security Violations

We reserve the right in our discretion to investigate any possible or attempted violations of our system or network security, or digital rights management, copy protection or anti-circumvention software or devices. We may involve and cooperate with any Internet service provider or law enforcement authorities in investigating or prosecuting anyone involved in such violations. We may also terminate the Membership of any person whom we believe, in our sole judgment, to have participated in any such violations. While we may investigate such violations, we do not have nay obligation to do so. We do not guarantee that your access to our Domain or use of its services will be free of any security violations.

We May Use Third Party Software on Our Domain

We may use software from third parties in operating of our Domain. We may also require you to use software from other suppliers to view any Content on our Domain, like a media player. Any Content may contain digital rights management or copy protection software from third parties. We need not provide you with notice about our use of any of this third party software. In any, all our disclaimers, exclusions and limitations in Paragraphs 5.1, 5.2 and 5.3 also apply to all such third party software.

DMCA Information – Notice of Copyright Infringement And Counter-Notice

If you believe that any Content accessible on our Domain infringes any of your copyrights, you can send a Notice to our Copyright Agent in accordance with the procedures in the US Digital Millennium Copyright Act (“DMCA”). The Notice must contain all of the following information:

• An electronic or physical signature of the copyright owner or someone authorized to act on the owner’s behalf to assert a claim of copyright infringement.
• An identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works in the Community.
• An identification of material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit us to contact you or the complaining party, such as the party’s name, address and daytime telephone number, and an e-mail address, if available.
• A statement that you or the complaining party have a good faith belief that the use of the infringing copyrighted work is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that your or the complaining party are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

You understand that if your Notice fails to contain all of the above information it may not be valid. The Notice should be sent to our Copyright Agent as follows:

DMCA Copyright Agent
Escom, LLC
23480 Park Sorrento, Suite 206B
Calabasas, CA 91302
Fax: 800-506-9811
Email: legal@escomllc.com

This address is only for correspondence about copyright infringement claims. Be aware that a person who submits a false claim of copyright infringement may be subject to liability under U.S. copyright law.

If any Content you uploaded to the Community was removed or denied access in response to a DMCA Notice, and you believe uploading the Content was not infringing, duly authorized, or allowed by law, then you can send our Copyright Agent a Counter-Notice containing all of the following information:

• Your physical or electronic signature;
• An identification of the Content that has been removed or denied access and the location where the Content appeared before it was removed or disabled;
• A statement under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in the judicial district where your address is located, or, if you are outside the United States, in the judicial district for resolving disputes against us, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Our Copyright Agent may send a copy of a Counter-Notice to the original complaining person stating that we may replace the removed Content or cease denying access to it within 15 days. Unless the original complaining party files an action seeking a court order preventing it within 15 days of receipt of the Counter-Notice, we may in our sole discretion elect to replace or cease denying access to any or all of the Content alleged to be infringing.

Making Suggestions To Improve our Domain

We appreciate any ideas or suggestions you have to improve our Domain. Please send them to us! In doing so, you agree we can use any idea or suggestion you give to us in any and all manner and media now known or later arising without any attribution to you, and you grant us a non-exclusive, fully transferrable, royalty-free, worldwide, irrevocable and perpetual license to do so. You also warrant to us that you have the right and authority to authorize such use and grant such license and that your idea or suggestion will not infringe any rights of any other person.

Changing Our Terms and Conditions – Check for Current Versions

Periodically we may want to change our Terms and Conditions to improve our Domain, to deal with new developments or otherwise as we see fit. Therefore, you should periodically check our Terms and Conditions to find the latest versions. You agree that we can make changes by posting the changed Terms and Conditions on our Domain with a notice that indicates their effective date. We will endeavor to post a notice about any upcoming change to our Terms and Conditions on our Domain 10 days before it becomes effective, but do not guarantee to do so. If you do not like any change, then you can always leave our Domain or cancel your Membership. However, you agree that your continued access to our Domain after a change becomes effective means that you accept the changed Terms and Conditions. We agree that no such change will diminish your rights with respect to any Claim (see Paragraph 5.5) you may have that accrued before the effective date of any such change.

Changing Our Domain and Its Content

We are always looking to improve our Domain. Thus, we may regularly change its appearance, functionality and Content. You acknowledge that we may do so at any time as we like without prior notice to you. However, we make no commitment to so.

We Are Not Responsible for Third-Party Content or Third-Party Websites

Our Domain often includes Third-Party Content, meaning Content from other parties, including our Channel Partners, advertisers, sponsors, and other Members who make Postings in the Community. Our Domain may also include links to Third-Party Websites meaning websites operated by other parties such as our Channel Partners, advertisers, sponsors, affiliates or Members. We do so because we believe it may be of interest to you and not as an endorsement. Our so doing does not constitute an endorsement or approval of any Third-Party Content or Third-Party Website, or any goods, services, opinions, links or messages they may contain, or any of their business methods, advertising practices or privacy policies. We do not verify or take responsibility for the truthfulness, accuracy, quality, merchantability, fitness, or completeness of any Third-Party Content or the information or activities of any Third-Party Websites. You agree that we will not be liable, directly or indirectly, for any loss, liability or damage of any kind arising for any reason from your use of or reliance on any Third-Party Content or Third-Party Website, which you do at your own risk. You may on occasion participate in advertising or promotions offered on our Domain. In so doing your relationship will be with the applicable advertiser or promoter, not us. We are not responsible for any term, representation or warranty made by any advertiser or promoter on our Domain or for any Content, goods or services offered by them.

Establishing Links from Our Domain to Other Websites

If you would like to establish a link from your website to our Community, please contact us first. Generally, we require a linked website to become a Channel partner under a separate agreement. You may not establish a link to another website without our prior written permission.

We May Monitor Usage

We may use software that automatically tracks performance and usage information to evaluate our Domain. The software will not personally identify you.

Please Read Our Privacy Policy

Our Privacy Policy is posted on our Domain. Please read it. We may amend our Privacy Policy from time to time by posting notice of the amended Privacy Policy on our Community. Your agreement to these Terms of Use or your continued access to our Community indicates your agreement to our Privacy Policy. If you do not agree to our Privacy Policy at any time, please exit our Community and our Domain.

LIABILITY LIMITATIONS AND CLAIMS HANDLING

Our Warranty Disclaimers

We are providing you access to our Domain and its Contents “as is,” “with all faults” and “as available.” The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. There is no warranty that the Domain or any of its Contents will meet your needs or requirements. To the maximum extent allowed by Law we disclaim all warranties, express, statutory or implied, including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, title, exclusivity, quiet enjoyment and non-infringement, and warranties that your access to or use of our Community will be uninterrupted or error-free. There are no warranties of any kind that extend beyond the face of this agreement or that arise as a result of course of performance, course of dealing or usage of trade.

Our Additional Liability Disclaimers

In your access to our Domain you agree we are not liable for: (1) any information, comments or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal; (2) any third party’s unauthorized access to or alterations of your account, transmissions or data; (3) any viruses or other disabling code that may infect your computer or affect your access to or use of the Domain, your other services, hardware or software; (4) any incompatibility between the Domain and your other services, hardware or software, or (5) any delays or failures you may experience in initiating, conducting or completing any transmissions to or transactions with the Domain.

Our Damages Limitation

To the maximum extent allowed by Law, our total liability for any claim arising from these Terms and Conditions or your access to our Domain is limited solely to your incidental and direct damages, if any, but not to exceed the greater of us$500 or the amount actually paid by you for any access or service giving rise to the claim. Recovery of these damages will be your sole and exclusive remedy, and we disclaim any liability for any other damages of any kind arising out of these Terms and Conditions or your access to our Domain. In no event will either of us be liable for any special, consequential or punitive damages arising out of or related to these Terms and Conditions or your access to our Domain. This exclusion of special, consequential and punitive damages is independent of your exclusive remedy and survives even if such remedy fails of its essential purpose or is otherwise unenforceable. To the maximum extent allowed by Law the limitations on liability in this paragraph apply without regard to the claim for which they arose, whether due to strict liability, breach of warranty (express or implied), beach of contract, or any tort or negligence, active or passive.

The Scope of Our Disclaimers

The disclaimers, exclusions and limitations in paragraphs in Paragraphs 5.1, 5.2 and 5.3 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, or liability for consequential damages, or other matters, some or all of such disclaimers, exclusions or limitation may not apply to you.

Asserting Claims

A Claim means any assertion that either of us has breached any obligation or impaired any right of the other arising under or with respect to these Terms and Conditions, or any other dispute about your access to our Domain or its Content or services, other than claim that either one of us has violated the intellectual property rights of the other. If you have any Claim against us, please let us know! Call our customer service department or contact us as indicated on our Domain. We would like to try to resolve all Claims in a fast and friendly manner to ensure your continued satisfaction.

Limited Time to Bring Claims

In order to allow each of us to address any Claims in a timely manner, each of us agree to give the other one Notice of any Claim we may have within one (1) year after our Claim accrued. If we are unable to resolve any Claim amicably then we also agree to commence an appropriate legal or arbitration proceedings pursuant to Paragraphs 5.7 and 5.8 to resolve the Claim within six (6) months after giving the other party Notice. To the maximum extent allowed by applicable law, we both agree that a failure to abide by either of these time limits will mean the Claim is permanently barred.

Forum for Resolving Claims

The Forum for resolving all Claims not covered by or including those in Paragraph 5.8 will be in the state or federal courts in Los Angeles County, California. We both agree to submit to the personal jurisdiction of the state and federal courts in the Forum for resolving those Claims. We also both agree to the full extent allowed by law that the Forum is the exclusive venue for resolving these Claims and we each waive any right to seek another venue due to an improper or inconvenient Forum.

Resolution of Claims – Your Choice of Consumer Arbitration or Small Claims Case

If we are unable to resolve any Claim amicably, then we both agree that all Claims will be resolved by neutral, binding arbitration in the Forum under the Consumer Arbitration Rules of the American Arbitration Association in effect as of the Effective Date of these Terms and Conditions (the “AAA Rules”). As of the Effective Date you can read these rules at http://www.adr.org/arb_med. The arbitrator will have authority to consider any statutory or other claims available to a consumer under applicable federal, state or local laws that are within the scope of the submission to arbitration and to award all damages or other remedies under applicable consumer law. To the extent allowed by the AAA rules, as an alternative to arbitration you may pursue your claim in a small claims court in the Forum to the extent it has jurisdiction, but if you elect to file a small claims action then the matters raised in the small claims action will not be subject to arbitration.

Infringement Claims Are Different

An Infringement Claim means any claim that either one of us has violated the intellectual property rights of the other. The above provisions regarding Claims do not apply to Infringement Claims. Any Infringement Claims we may have will be resolved by normal legal means.

SENDING AND RECEIVING NOTICE

Sending Notice to Us

You may send notice to us by e-mail, by calling our customer service department, or by writing to us at the locations shown on our Domain. An electronic notice will be considered received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information from time to time by posting the change on our Domain, so make sure to check out the Customer Support area of our Domain for the most current information for sending notice to us.

Sending Notice to You – Electronic Notice

You consent to receiving any notice from us in electronic form either: (1) by sending an e-mail to the e-mail address you specified when you signed up to receive your Username and Password or (2) by posting the notice on a location on our Domain designated for such purpose. Notices sent to you by e-mail will be deemed received when our e-mail service indicates transmission to your e-mail address. You confirm the e-mail address you gave when you signed up is a current and valid one for receiving notice, and that your computer has hardware and software configured to send and receive e-mails via the Internet and to print any e-mail message you receive. If you change your e-mail address, you agree that you will promptly update your membership information with your current e-mail address for receiving notice. You may change this consent at any time and request paper notice by normal postal delivery, but if you do we may in our discretion elect to cancel your access to our Domain at any time (because of the increased costs and hassle). If we do agree to send postal notice we may ask you to reimburse us for the reasonable cost and postage of so doing.

Electronic Communications Not Private

We do not provide facilities for sending or receiving confidential electronic communications. All messages transmitted to us or from us should be considered open communications and be readily accessible to the general public. You should not use any facilities on our Domain to transmit or receive messages only intended to be read by the sender and designated recipients. All messages sent to our Domain or the Community may be read by users or operators of our Domain or the Community regardless if they are intended recipients.

MISCELLANEOUS PROVISIONS

You may Copy or Print These Terms and Conditions

You may send a copy these Terms and Conditions or send them to your printer for printing. Please feel free to do so! If you are having trouble printing a copy, please contact us and we will be happy to send you a copy.

No Verbal Amendment

These Terms and Conditions may only be amended in a record, such an e-mail or writing duly authenticated by the party to be charged. None of our agents or customer service representatives are authorized to waive any or modify any provision of these Terms and Conditions, and any allegation that they have done so will be ineffective.

Superseding Effect

These Terms and Conditions supersede all prior terms of use, access, communications or proposals, whether electronic, oral or written, between you and us regarding access to our Domain or use of its Contents or services.

Governing Law

These Terms and Conditions will be governed by and interpreted under the laws of the State of California except only to the extent applicable consumer protection laws in your state of residence in the United States specifically supersede California law and require their application instead. The predominant purpose of this Terms and Conditions is providing services and licensing access to intellectual property and not a “sale of goods.”