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TERMS & CONDITIONS Terms of Use Agreement Welcome to XRmyspace, a Social Network service for adults to meet each other online. By using the XRmyspace Website you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process. This Agreement sets out the legally binding terms of your use of XRmyspace and your membership in the Service and may be modified by XRmyspace from time to time, such modifications to be effective upon posting by XRmyspace on XRmyspace. This Agreement includes XRmyspace Acceptable Use Policy for Content Posted on XRmyspace, XRmyspace Privacy Policy, and any notices regarding XRmyspace. You must be (18) eighteen years of age or over to register as a member of XRmyspace or use XRmyspace. Membership in the Service is void where prohibited. By using XRmyspace, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Term This Agreement will remain in full force and effect while you use XRmyspace and/or are a Member. You may terminate your membership at any time, for any reason, upon receipt by XRmyspace of your written or email notice of termination. XRmyspace may terminate your membership for any reason, without sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to XRmyspace. If XRmyspace terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of of any kind for any matter. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement. Non Commercial Use by Members XRmyspace is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or XRmyspace for any purpose. Illegal and/or unauthorized uses of XRmyspace, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to XRmyspace will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Proprietary Rights in Content on XRmyspace XRmyspace owns and retains all proprietary rights in XRmyspace and the Service. XRmyspace contains the copyrighted material, trademarks, and other proprietary information of XRmyspace, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Content Posted on the Site I. You understand and agree that XRmyspace may review and delete any content, messages, XRmyspace Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of XRmyspace violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members. II. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members. III. By posting Content to any public area of XRmyspace, you automatically grant, and you represent and warrant that you have the right to grant, to XRmyspace an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. IIII. The following is a partial list of the kind of Content that is illegal or prohibited on XRmyspace. XRmyspace reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that: * is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; * harasses or advocates harassment of another person; * involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; * promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; * 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 manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; * contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); * provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; * provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; * solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and * engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. V. You must use the Service in a manner consistent with any and all applicable laws and regulations. VI. Any content posted by members of this site including photos, videos, music or profile infomation posted to XRmyspace may be used in advertising for XRmyspace. By posting content to XRmyspace you argee to allow the employees of XRmyspace to use forementioned content for any and all advertising purposes. VII. You may not include in your Member profile or elsewhere on the site, any telephone numbers, street addresses, website links, or email addresses. VIII. You may not engage in advertising on this site for reason of devirting website traffic. Members may offer to buy or sell any products or services through or classifieds section. You may not transmit any chain letters or junk email to other Members. Although XRmyspace cannot monitor the conduct of its Members off XRmyspace, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, XRmyspace 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 XRmyspace deems appropriate in its sole discretion. Copyright You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on XRmyspace; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Subscription You may only sign up for 1 subscription to XRmyspace. Member Disputes You are solely responsible for your interactions with other XRmyspace Members. XRmyspace reserves the right, but has no obligation, to monitor disputes between you and other Members. Privacy Use of XRmyspace and/or the Service is also governed by our Privacy Policy. Use of XRmyspace and/or the Service is also governed by our Privacy Policy. Disclaimers XRmyspace is not responsible for any incorrect or inaccurate Content posted on XRmyspace or in connection with the Service, whether caused by users of XRmyspace, Members or by any of the equipment or programming associated with or utilized in the Service. XRmyspace is not responsible for the conduct, whether online or offline, of any user of XRmyspace or Member of the Service. XRmyspace 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, user or Member communications. XRmyspace 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will XRmyspace be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of XRmyspace or the Service, any Content posted on XRmyspace or transmitted to Members, or any interactions between users of XRmyspace, whether online or offline. XRmyspace and the Service are provided "AS-IS" and XRmyspace expressly disclaims any warranty of fitness for a particular purpose or non-infringement. XRmyspace cannot guarantee and does not promise any specific results from use of XRmyspace and/or the Service. Limitation on Liability Except in jurisdictions where such provisions are restricted, in no event will XRmyspace be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if XRmyspace has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, XRmyspace 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 XRmyspace for the Service during the term of membership. Disputes If there is any dispute about or involving XRmyspace and/or the Service, by using XRspace, you agree that the dispute will be governed by the laws of United States state of Maryland county of Calvert without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the United States state of Maryland county of Calvert. Indemnity You agree to indemnify and hold XRmyspace, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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 above. Other This Agreement, accepted upon use of XRmyspace and further affirmed by becoming a Member of the Service, contains the entire agreement between you and XRmyspace regarding the use of XRmyspace and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Notice of Copyright Infringement DMCA XRmyspace is an online service provider as defined in the Digital Millennium Copyright Act. We provide copyright owners with the ability to self-publish on XRmyspace by uploading, storing and displaying digital media utilizing our services. We do not review all the uploads to our servers by users of our website service. We take copyright violation very seriously and vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on XRmyspace and you did not authorize the use of the content you must notify XRmyspace in writing in order for us to identify the allegedly infringing content and take action. 18 U.S.C. Section 2257 All visual depictions displayed on this Web site, whether of actual sexually explicit conduct, simulated sexual content or otherwise, are visual depictions of persons who were at least 18 years of age when those visual depictions were created. All other visual depictions displayed on this Web site are exempt from 18 U.S.C. Section 2257 and 28 C.F.R. Part 75 because such depictions are not visual depictions of conduct specifically listed in 18 U.S.C Section 2256 (2) (A)-(D), but are merely depictions of non-sexually explicit nudity, or simulated sexual conduct, or are otherwise exempt because they were created prior to November 1, 1990, or were produced, manufactured, published, duplicated, reproduced, or reissued before May 26, 1992. The owners and operators of this Website are not the primary producer (as that term is defined in 18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of all the visual content contained on the Web site. The Custodian of Records for content on this Web site for which the owners and operators of this Web site are not the primary producer is/are: [ Close ] |
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