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FetishPartyInfo.com Terms of Use Agreement
August 4, 2009
4FPI Web, Inc. (“FPI” or “we”) operates FetishPartyInfo.com, which is a listing website that allows Users to post advertisement and for guests to view the same. The services offered by FPI include listings for Fetish Events, Club Listings, Models, Photographers, Escort Sites, Fetish shops, DVDs and Magazines, and BDSM Service Sites (the "FPI Website")(collectively, the "FPI Services"). The FPI Services are hosted in the United States.
This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the FPI Services. By accessing and/or using the FPI Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the FPI Services, including, without limitation, through a mobile or other wireless device, or otherwise use the FPI Services without being registered) or you are a "Member" (which means that you have registered with FPI). The term "User" refers to a Visitor or a Member. You are authorized to use the FPI Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the FPI Services, you must indicate your acceptance of this Agreement during the registration process.
FPI reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the FPI Services. All material modifications will apply prospectively only. Your continued use of the FPI Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the FPI Services immediately.
1.Eligibility. Use of the FPI Services and registration to be a Member for the FPI Services (“Membership”) is void where prohibited. By using the FPI 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 FPI Services does not violate any Applicable Law. Your listings may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, or if we believe that you are under 18 years of age and you represent yourself as 18 or older.
2.Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the FPI Services or are a Member. You may terminate your Membership at any time, for any reason.. FPI may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, FPI reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the FPI Services at any time, for any or no reason, with or without prior notice or explanation, and without liability.
3.Fees. You acknowledge that FPI reserves the right to charge for any portion of the FPI Services and to change its fees (if any) from time to time in its discretion
4.Proprietary Rights in Content on Fetish Party Info.
4.1 FPI 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 transmit, submit, display or publish (“post”) on, through or in connection with the FPI Services. After posting your Content on, through or in connection with the FPI Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.
4.2 You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the FPI Services, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the FPI Services does not violate the privacy rights, publicity 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 any person or entity by reason of the use of any Content posted by you on or through the FPI Services.
4.3 The FPI Services contain Content of Users. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the FPI Services.
5.Content Posted.
Please choose carefully the information that you post on, through or in connection with the FPI Services and that you provide to other Users. FPI assumes no responsibility or liability for posted material by Users.
5.1 FPI may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of FPI 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. FPI assumes no responsibility for monitoring the FPI Services for inappropriate Content or conduct. If at any time FPI chooses, in its sole discretion, to monitor the FPI Services, FPI 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.
5.2 You are solely responsible for the Content that you post on, through or in connection with any of the FPI Services.
6.Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the FPI Services. FPI reserves the right to investigate and take appropriate legal action against anyone who, in FPI's sole discretion, violates this provision, including, without limitation, removing the offending Content from the FPI Services, terminating the Post of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of FPI:
6.1is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
6.2harasses or advocates harassment of another person;
6.3contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
6.4solicits or is designed to solicit personal information from anyone under 18;
6.5publicly posts information that poses or creates a privacy or security risk to any person;
6.6constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6.7constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work.
6.8 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
6.9furthers 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;
6.10violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
7. Protecting Copyrights and Other Intellectual Property. FPI respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is FPI’s policy to terminate, in appropriate circumstances, the membership of repeat infringers.
If you believe your work has been copied and posted on or through the FPI Services in a way that constitutes copyright infringement, please send FPI a notification of the claimed infringement with all of the following information: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the FPI Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. FPI can be contacted for notification of claimed infringement at the email address listed on FPI’s Website.
8. Ticket Purchase Policy. Please review the Purchase Policy, which will govern your order or purchase of any tickets through the Site.
9. Disclaimers. FPI is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the FPI Services, by Users of the FPI Services, and such User Content does not necessarily reflect the opinions or policies of FPI. In addition, FPI is not responsible for any damage, injury or loss caused by Users of the FPI Services. Listings created and posted by Members on, though or in connection with the FPI Services may contain links to other websites or services. FPI is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by FPI. Inclusion of any linked website or service on the FPI Services does not imply approval or endorsement of the linked website or service by FPI. When you access these third party sites and services, you do so at your own risk. FPI takes no responsibility for third party advertisements that are posted on, through or in connection with the FPI Services, nor does it take any responsibility for the goods or services provided by these third parties. FPI is not responsible for the conduct, whether online or offline, of any User of the FPI Services. FPI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. FPI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the FPI Services, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the FPI Services. Under no circumstances shall FPI be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the FPI Services or Linked Services, attendance at a FPI event, from any User Content posted on or through the FPI Services or Linked Services, or from the conduct of any Users of the FPI Services, whether online or offline. The FPI Services and Linked Services are provided "AS-IS" and as available and FPI expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FPI cannot guarantee and does not promise any specific results from use of the FPI Services or Linked Services.
10. Limitation on Liability. IN NO EVENT SHALL FPI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE FPI SERVICES OR LINKED SERVICES, EVEN IF FPI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FPI'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FPI FOR THE FPI SERVICES DURING THE TERM OF MEMBERSHIP.
11. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and FPI agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the FPI Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
12. Indemnity. You agree to indemnify and hold FPI, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the FPI Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the FPI Services.
13. Other. This Agreement is accepted upon your use of the FPI Website or any of the FPI Services and is further affirmed by you becoming a Member. Your agreement with FPI will always include this Agreement at a minimum. Your access and use of certain FPI Services will require you to accept additional terms and conditions applicable to such certain FPI Services in addition to this Agreement. The failure of FPI to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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