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Pantyhosense.com Terms of Use Agreement
Friday, 12 September 2008
InPantyhose, Inc. (“Pantyhosense”) operates Pantyhosense.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The services offered by Pantyhosense include any Pantyhosense branded URL (the "Pantyhosense Website"), the Pantyhosense instant messaging service, the Pantyhosense application developer service and other features (for example, music and video embedded players), Pantyhosense mobile services, and any other features, content, or applications offered from time to time by Pantyhosense in connection with Pantyhosense’s business (collectively, the "Pantyhosense Services"). The Pantyhosense Services are hosted in the Bulgaria.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Pantyhosense Services. By using the Pantyhosense Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Pantyhosense Website, including through a mobile device or otherwise use the Pantyhosense Services without being registered) or you are a "Member" (which means that you have registered with Pantyhosense). The term "User" refers to a Visitor or a Member. You are only authorized to use the Pantyhosense Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by it or with any of the legal provisions applicable to it and to follow all applicable laws, you should leave the Pantyhosense Website and discontinue use of the Pantyhosense Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Pantyhosense Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Pantyhosense's policy for acceptable use of the Pantyhosense Services and Content (as defined in Section 6.1 below) posted on or through the Pantyhosense Services and your rights, obligations and restrictions regarding your use of the Pantyhosense Services and Content posted on or through the Pantyhosense Services. In order to participate in certain Pantyhosense Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Pantyhosense. Unless otherwise provided by the additional terms and conditions applicable to the Pantyhosense Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
Pantyhosense may modify this Agreement from time to time and such modification shall be effective upon posting by Pantyhosense on the Pantyhosense Website. Your continued use of the Pantyhosense Services after Pantyhosense posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Pantyhosense Services and that you provide to other Users. Your Pantyhosense profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Pantyhosense Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Pantyhosense assumes no responsibility or liability for this material. If you become aware of misuse of the Pantyhosense Services by any person, please click on the "Contact Pantyhosense” or the “Report Abuse” link.
Pantyhosense reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Pantyhosense Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Pantyhosense expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Pantyhosense Services if Pantyhosense determines, in its sole discretion, that you have violated this Agreement or pose a threat to Pantyhosense and/or its Users and/or violating any applicable law.
1. Eligibility. Use of the Pantyhosense Services and registration to be a Member for the Pantyhosense Services (“Membership”) is void where prohibited. By using the Pantyhosense Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Pantyhosense Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Pantyhosense Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Pantyhosense may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that Pantyhosense reserves the right to charge for any portion of the Pantyhosense Services and to change its fees (if any) from time to time in its discretion. If Pantyhosense terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Pantyhosense immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Pantyhosense Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavours may only be used if they are specifically endorsed or authorized by Pantyhosense. Pantyhosense reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Pantyhosense Services, including collecting usernames, userid numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Pantyhosense Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Pantyhosense reserves the right to take appropriate legal action for any illegal or unauthorized use of the Pantyhosense Services.
6. Proprietary Rights in Content on Pantyhosense.
6.1 Pantyhosense does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Pantyhosense Services. After posting your Content to the Pantyhosense Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Pantyhosense Services, you hereby grant to Pantyhosense a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Pantyhosense Services, including without limitation distributing part or all of the Pantyhosense Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Pantyhosense Website. This limited license does not grant Pantyhosense the right to sell or otherwise distribute your Content outside of the Pantyhosense Services. After you remove your Content from the Pantyhosense Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Pantyhosense Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Pantyhosense Website as soon as practicable after you make the change.
6.2 The license you grant to Pantyhosense is non-exclusive (meaning you are free to license your Content to anyone else in addition to Pantyhosense), fully-paid and royalty-free (meaning that Pantyhosense is not required to pay you for the use on the Pantyhosense Services of the Content that you post), sublicensable (so that Pantyhosense is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Pantyhosense Services), and worldwide (because the Internet and the Pantyhosense Services are global in reach).
6.3 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the Pantyhosense Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Pantyhosense Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the Pantyhosense Services.
6.4 The Pantyhosense Services contain Content of Pantyhosense ("Pantyhosense Content"). Pantyhosense Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and Pantyhosense owns and retains all rights in the Pantyhosense Content and the Pantyhosense Services. Pantyhosense hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Pantyhosense Content (excluding any software code) solely for your personal use in connection with viewing the Pantyhosense Website and using the Pantyhosense Services.
6.5 The Pantyhosense Services contain Content of Users and other Pantyhosense licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Pantyhosense Services.
6.6 Pantyhosense performs technical functions necessary to offer the Pantyhosense Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Pantyhosense Services.
7. Content Posted.
7.1 Pantyhosense may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Pantyhosense violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Pantyhosense assumes no responsibility for monitoring the Pantyhosense Services for inappropriate Content or conduct. If at any time Pantyhosense chooses, in its sole discretion, to monitor the Pantyhosense Services, Pantyhosense nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Pantyhosense Services, and any material or information that you transmit to other Members and for your interactions with other Users.
7.3 You are solely responsible for ensuring that all Content that you post on or through any of the Pantyhosense Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through Pantyhosense.
8 Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Pantyhosense Services. Pantyhosense reserves the right to investigate and take appropriate legal action against anyone who, in Pantyhosense's sole discretion, violates this provision, including without limitation, removing the offending Content from the Pantyhosense Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Pantyhosense:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Pantyhosense such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or
8.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country.
The following are examples of the kind of activity that is illegal or prohibited on the Pantyhosense Website and through your use of the Pantyhosense Services. Pantyhosense reserves the right to investigate and take appropriate legal action against anyone who, in Pantyhosense's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.18 criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;
8.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Pantyhosense Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Pantyhosense reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Pantyhosense deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Pantyhosense Services, you acknowledge that you will have caused substantial harm to Pantyhosense, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Pantyhosense USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the Pantyhosense Services;
8.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Pantyhosense Services;
8.21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.22 covering or obscuring the banner advertisements on your personal profile page, or any Pantyhosense page via HTML/CSS or any other means;
8.23 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;
8.24 interfering with, disrupting, or creating an undue burden on the Pantyhosense Services or the networks or services connected to the Pantyhosense Services;
8.25 impersonating or attempting to impersonate another Member, person or entity;
8.26 for band, comedy, filmmaker and other profiles containing a Pantyhosense player, copying the code for your Pantyhosense Player and embedding it(or directing others to embed it) anywhere other than your band profile on Pantyhosense;
8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.28 selling or otherwise transferring your profile;
8.29 using any information obtained from the Pantyhosense Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Pantyhosense Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
8.31 using the Pantyhosense Services in a manner inconsistent with any and all applicable laws and regulations.
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