1. Acceptance of Terms
Webaffair.com (the "Online Service Provider or "OSP") provides this website ("Site") and related service (the "Service") to its users for their personal use and enjoyment, subject to the following User Agreement and Terms and Conditions of Service. Access to and use of the Service and the Site are subject to these Terms and Conditions of Service which constitute a binding legal agreement ("Agreement") between you and Webaffair.com; BY ACCESSING OR USING THE SERVICE AND THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS OF SERVICE IN THIS "USER" AGREEMENT and you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered with Webaffair.com). The term "User" refers to a Visitor or a Member. You are only authorized to access this Site or to use the materials and services contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave this Site immediately. OSP and its affiliates reserve the right to modify or amend this Agreement without notice at any time, and such modification will be effective upon posting by OSP on the Site.
2. Restrictions on Use
2.1 Your use of the services provided by OSP is subject to compliance with these Terms and Conditions. You acknowledge and agree that OSP may terminate your access to the Site or to any of the products and services offered or displayed through the Site should you fail to comply with these Terms and Conditions or any other guidelines and rules published by OSP. Any such termination shall be in OSP's sole discretion and may occur without prior notice, or any notice. OSP further reserves the right to terminate any user's access to the Site or to any of the products and services offered or displayed through The Site for any conduct that OSP, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to OSP or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. OSP further reserves the right to terminate any user's access to the Site or to any of the products and services offered or displayed through the Site for any reason or for no reason at all, in OSP's sole discretion, without prior notice, or any notice.
2.2 NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEB . BY YOUR USE OF THE SITE YOU ARE REPRESENTING AND WARRANTING TO OSP THAT YOU ARE AN ADULT AND ARE VOLUNTARILY CHOOSING TO USE THE SERVICES OF THE SITE WITH FULL KNOWLEDGE OF THE ADULT NATURE OF THE MATERIALS THAT MAY BE AVAILABLE OR DISPLAYED THROUGH THE USE OF THE SITE.2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. The materials used and displayed on the Service and the Site, including but not limited to text, software, photographs, /images/WebAffairGold/, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of OSP or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of OSP or the appropriate affiliate.
2.4 You will be responsible for, and indemnify and hold harmless OSP, its subsidiaries, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. You warrant that any materials you supply to the site are in compliance with all laws including but not limited to Title 18 U.S.C. :: 2257 of the U.S. Code and related regulations Although OSP and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither OSP nor its affiliates is under any obligation to do so.
2.5 You acknowledge that OSP and its affiliates do not control the information available on User generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on user generated pages are those of their respective authors who are solely liable for their content.
2.6 Any communication or material you post or transmit to the Service and/or the Site is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you upload, post or transmit, and you grant OSP and its affiliates the right to edit, copy, publish and distribute any information or content you upload, post or transmit for any purpose. By posting or uploading content to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to OSP and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. OSP and its affiliates reserve the right, in their sole discretion, to edit, refuse to upload, post and/or remove any content submitted to, uploaded or posted on any user generated pages. OSP is the final arbiter of acceptable content or practice on the Site. Further, OSP reserves the right to modify or remove anything submitted to OSP, and to cancel any User, at any time for any reason without prior notice.
2.7 OSP and its affiliates do not review or monitor any web sites linked to the Service and the Site and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk.
3. User Warnings/ User Conduct
3.1 In the event, and to the extent that OSP may make services available, including without limitation, email, chat rooms, message boards and other community services; you agree to abide by the terms and conditions contained in this Agreement. Without waiver of any of the immunities provided to OSP as an interactive services provider under the CDA please take note that we prohibit anyone from promoting illegal activities or commercial activities of any kind in their profile or in messages sent on the site. Without limiting the generality of the foregoing, in consideration for our providing such Services, you also agree not to:
(a) Violate any applicable law, regulation or rule;
(b) Harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity;
(c) Upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) Upload or post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
(e) Provide false information on your registration form or impersonate another person at any point;
(f) Upload or post or transmit false, inappropriate, improper, disorderly or excessive messages or information.
(g) Upload or post any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right;
(h) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) Upload, post or otherwise transmit any content that includes any sexual material of a lewd, lecherous or obscene nature and intent or that violates local, state and national laws;
(k) Intentionally or unintentionally violate any applicable local, state, national or international law;
3.2 You agree that if you violate any of these Terms and Conditions, we may, without prior notice and without liability to you, ban you from any and all services, terminate your registration, delete your messages or postings, and take any other action we deem appropriate in our sole discretion. With reference to any services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, including without limitation: how often a service or account may be accessed; the maximum number of days that messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for an account; and all other matters related to administration of services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of emails, communications, postings, data or information as a result of, or arising out of, our administration of such services.
3.3 We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, /images/WebAffairGold/, images, information, advice, or opinion contained in any emails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
3.4 You acknowledge and agree that you, and not the OSP shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which you may submit, publish, display, disseminate or otherwise communicate through the Site even if a claim for damages or liability should arise after termination of service.
4. Disclaimers and Limitations of Liability Regarding Interactions Between Users.
4.1 You are solely responsible for your interactions with other Users. You understand that The Site does not in any way monitor the activity of its Users either offline or online. Nor does the Site screen or interview its Users nor does the Site inquire into the backgrounds of its Users or attempt to verify the accuracy or statements made by Users. The Site makes no representations or warranties as to the conduct of Users or those acting on their behalf. You agree to take reasonable precautions in all communications, meetings or interactions with other Users of the Service, particularly if you decide to meet offline or in person. You should not divulge personal or financial information to strangers.
4.2 IN NO EVENT SHALL OSP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, PUNITIVE, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR ANYONE ELSE'S CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, LOSS OF REPUTATION AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THIS SERVICE.
5. Notice of Copyright Designated Agent an Procedures for Claims of Copyright Infringements
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent ("Complainant") may submit a notification alleging copyright infringement to the OSP's Agent Designated to Receive Notification of Claimed Infringement if Complainant has a good-faith belief that its works are being infringed by material subject to the OSP's control. We will investigate proper notifications sent to the following:
Attn: Copyright Complaint
It is the intention of OSP to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
6. User's Representations and Warranties
User hereby makes and provides the following representations and warranties to OSP with the understanding and acknowledgment that these representations and warranties, collectively and severally, are relied upon by OSP and constitute a material inducement to OSP to grant access to the Service to User as set forth in the Agreement:
6.1. That User is over the age of 18 years of age and has the legal authority to enter into this Agreement.
6.2. That User is solely responsible for the creation, design, maintenance, editing, supervision and operation of its profile, including without limitation all decisions regarding: the the contents of a User's profile.
6.3 User acknowledges that OSP HAS NO CONTROL OVER OTHER USER'S PROFILES, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Site.
6.4 User understands that all materials displayed on the Service are intended for distribution exclusively to consenting adults in locations where the materials displayed on the Service do not violate any community standards or any federal, state or local law or regulation of the United States or any other country, and that it is the sole responsibility of the User to ensure that the materials displayed b the User on the Service are not made available to anyone in any jurisdiction that would result of any breach of any law or regulation of that jurisdiction.
6.5 That OSP is not, pursuant to Title 18 U.S.C. §2257(h)(2)(B)(v) and 47 U.S.C. §230(c), the "producer" of any depictions of actual or simulated sexually explicit conduct or content appearing on this Service that is posted by User or any third party, because the activities of the OSP, with respect to such content, are limited to the distribution, transmission, storage, retrieval, hosting of such depictions, content or photographs posted by the User or third party users, on areas of the Service that are under the Users' control. Pursuant to such statutes, the OSP reserves the right to delete any content posted by Users which OSP deems to be lewd, indecent, obscene, defamatory or otherwise in violation of these terms and conditions of service.
7. Limitations of Liability and Disclaimer of Warranty
7.1 The Service and the Site contains information, facts and opinions from various individuals and organizations. THE USER AGREES THAT THE USE OF THE SITE IS ENTIRELY AT THE USER'S OWN RISK. THE SITE IS PROVIDED , ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OSP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OSP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER OSP NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SITE.
7.2 IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
7.3 UNDER NO CIRCUMSTANCES SHALL THE OSP BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF OSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
7.4 OSP MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. OSP IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.
7.5 YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OSP AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITE AND THE INFORMATION AVAILABLE THEREON.
8. Indemnity Release
8.2 By using this Site, you are hereby agreeing to release OSP and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the products and services or to any disputes regarding use of ideas and/or related materials submitted to OSP. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9. Governing Law and Venue
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of California without reference to its conflict of laws rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement, which are unable to be resolved informally, shall be determined by binding arbitration in LOS ANGELES COUNTY, CALIFORNIA, before a single retired judge affiliated with ADR Services or a similar organization (other than the American Arbitration Association), with the arbitration governed by the California Rules of Civil Procedure sections 2016 et seq., relating to discovery. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of CALIFORNIA and the United States.
10. Grant of License
You grant to OSP and its affiliates a royalty-free, perpetual, irrevocable, nonexclusive, worldwide, unrestricted license to use, copy, modify, transmit, distribute, and publicly perform or display the submitted pages of your User profile or other content for the purposes of displaying such information on OSP's sites and for the promotion and marketing of OSP's services. OSP disclaims ownership of member sites and will not resell or otherwise convey these rights to any third party.
11. Personal Information
12.1 You agree that OSP in its sole discretion, may terminate your password, account, profile and use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if OSP believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.
12.2 We reserve the right to investigate any complaints regarding any content of OSP users' pages and to take appropriate action if OSP finds violations of these Terms and Conditions. Accordingly, you agree that OSP will have the right to access your profile at any time, without advance notice. If access to your profile is restricted, whether by password or otherwise, you agree to provide OSP with whatever information is required to access your profile. In the case of any such complaint, OSP reserves the right to remove the content complained of while the OSP member and the complaining party attempt to resolve their dispute. This could result in your page(s) or profile being removed from the Site for as long as it takes to resolve the dispute.
12.3 OSP may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that OSP may immediately deactivate or delete your membership, password and all related information files, content, page(s) on our Site and/or bar any further access to such files or the Service. Further, you agree that OSP shall not be liable to you or any third-party for any termination of your access to the Service.