Welcome to the SpankOn.com website (the "Site"). PLEASE READ THESE TERMS OF USE (the "Terms") CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS RELATED TO THIS SITE. This site is subject to the the Terms, which may be updated by us from time to time without notice to you. In addition, you shall be subject to any posted guidelines or rules applicable to the Site which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
AGE OF MAJORITY
You represent and warrant you are at least 18 or 21 years of age, depending
on the age of majority in your jurisdiction, and that you have the legal
capacity to enter into this Agreement. If you are not at least 18 or
21 years of age, depending on the age of majority in your jurisdiction,
you must exit the Site immediately and may not use or access the Site
or print or download any materials from it. Additionally, the Site does
not assume any responsibility or liability for any misrepresentations
regarding a user's age.
NO CHILD PORNOGRAPHY
If you seek any form of child pornography, you must exit this site immediately.
You acknowledge that all images on the Site are newsworthy, and that
the Site contains no child pornography. We take a strong and definite
stand against child pornography and only publish newsworthy images.
If you see any images, real or simulated, depicting minors engaged in
sexual activity within the Site, please report the images to 11arrows(at)gmail.com.
Include with your report any appropriate evidence, including the date
and time. All reports will immediately be investigated and the appropriate
action will be taken. We enthusiastically cooperate with any law-enforcement
agency investigating child pornography. If you suspect other outside
websites are participating in unlawful activities involving minors,
please report them to www.asacp.org.
Users should implement parental control protections, such as computer
hardware, software, or filtering services, which may help users' limit
minors' access to harmful material.
REGISTRATION
In consideration of your use of the Site, you agree to provide true,
accurate and complete information about yourself as prompted by the
Site registration or ordering process, provided that in connection with
registration, you do not need to, and should not, use your full or true
name for your username. In addition, you agree to update that information
in order to maintain its truth, accuracy and completeness. We may deny
you access to the Site or reject your order in the event that your information
is untrue, inaccurate or incomplete. Unless you cannot remember your
username and/or password, you may only register once for use of the
Site.
LIMITED LICENSE TO SITE
You are granted the limited right to view and use the Site only for
the purposes of viewing or playing content such as videos or viewing
pictures, placing product orders or for accessing information and services.
We reserve the right to suspend or deny, in its sole discretion, your
access to all or any portion of the Site.
If you violate these Terms, we may terminate or cancel your access rights to the Site immediately without notice. We may also block your use of the Site. We reserve the right at any time to modify or discontinue the Site or any part thereof and you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to us. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from us, you may not (a) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose. Please be aware that we have created or may create in the future certain areas on the Site that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
The Site may allow users to upload, post, and/or distribute user submitted
content, and use of the Site for this purpose is subject to the following
conditions:
- You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not us, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
- You shall not create a user name or screen name or upload to, distribute through or otherwise publish through the Site any Materials which are libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, illegal or harassing, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships.
- Your Materials, user name and/or screen name will not disparage in any manner SpankOn.com, its owners, advertisers, products, or services and sites.
- Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited.
- You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- You shall not act in a manner that negatively affects other users' ability to interact with the Site.
- You shall not collect or store personal data about other users.
You acknowledge that we do not pre-screen any Materials posted by you or other users, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Materials. Without limiting any of our rights, we and our designees shall have the right to remove any Materials that violate the Terms or are otherwise objectionable, as well as terminate your access to the Site. You agree that we have no liability or responsibility for the storage or deletion of any Materials that you or any other persons submit or post. We reserve the right to change these general practices and limits at any time in our sole discretion. Unless you enter into a separate agreement with us, such as through the Contest, we do not claim ownership in Materials you submit, however, by submitting Materials in any form to us, in addition to other provisions of the Terms, you automatically grant TMFT Enterprises LLC, a Delaware limited liability company, and its successors, assigns, and licensees and parent, subsidiary and other affiliated entities ("TMFT Enterprises"), an exclusive, fully-paid, world-wide, royalty-free license to publicly display, publicly perform, distribute, and reproduce the Materials in any manner and in any medium, including, without limitation, through physical copies such as still photos, videos, and CDs, by television by any means, on or via the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. You obtain no rights in any form, media, or technology incorporating the Materials.
PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of YOUR password
and account, and are fully responsible for all activities that occur
under your password or account. You agree to immediately notify us of
any unauthorized use of your password or account or any other breach
of security. You acknowledge, consent and agree that we may access,
preserve, and disclose your account information and Material if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms; (c) respond to claims that any Materials violates
the rights of third-parties; (d) respond to your requests for customer
service; or (e) protect the rights, property, or personal safety of
us, our users and the public. You understand that the technical processing
and transmission involved in interacting with the Site, including the
transmission of Materials, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. You understand that the Site may
include security components that permit digital materials to be protected,
and use of these materials is subject to usage rules set by us and/or
content providers who provide content to the Site. You may not attempt
to override or circumvent any of the usage rules embedded into the Site.
CONTESTS AND RATING CONTENT
From time to time, we may conduct contests in which we may award various
prizes. You agree that if you participate in any contest, you will abide
by all the rules and be subject to all the terms and conditions of such
contest, in addition to these Terms. You agree that you shall only rate
each individual instance of content on our Site, such as videos, still
pictures, flash animation, games and joke only once.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Materials. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside.
INDEMNITY
You agree to indemnify and hold us, TMFT Enterprises, affiliates, officers,
agents, partners and employees harmless from any claim or demand, including
reasonable attorneys fees, arising out of your content and materials,
your use of the Site, your violation of these Terms or your violation
of any third party's rights including such party's copyrights and trademarks.
DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND US, THE SITE AND RELATED APPLICATIONS, MATERIALS AND SERVICES
ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND AND
WITH ALL RISKS. WE HEREBY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY
LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES,
OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES;
ACCURACY, comPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS
OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE,
WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE,
APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE,
APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, WE DISCLAIM ANY
WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION
WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION
ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR comPUTER OR LOSS OF DATA. BY VIEWING
THIS SITE, READING comMENTS BY OTHER USERS OR ACCESSING APPLICATIONS
AND SERVICES RELATED TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE,
INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT
WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING
TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER
ON THE SITE.
NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER WE NOR
ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER
PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT
LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY
DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE
OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS
OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE
EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY US
OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE, AT OUR OPTION, (1) SUBSTITUTION
OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES
RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US; OR (2)
REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU AGREE THAT THE DAMAGE
EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
ADVERTISERS
The Site contains links to third party sites that are not under our
control and we not responsible for any content on any linked site. If
you access a third party site from the Site, then you do so at your
own risk. We provide links only as a convenience and the inclusion of
the link does not imply that we endorse or accept any responsibility
for the content on those third party sites. Additionally, your dealings
with or participation in promotions of advertisers found on the Site,
including payment and delivery of goods, and any other terms (such as
warranties) are solely between you and such advertisers. You agree that
we shall not be responsible for any loss or damage of any sort relating
to your dealings with such advertisers.
LINKS / ADVERTISERS / THIRD PARTIES
Some websites which are linked to the Site are owned and operated by
third parties. Because the Site has no control over such sites and resources,
you acknowledge and agree that the Site is not responsible for the availability
of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, services, products,
or other materials on or available from such sites or resources. You
further acknowledge and agree that the Site shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on
any such third-party content available on or through any such site or
resource. If you decide to access any such third party sites, you do
so entirely at your own risk and subject to any terms and conditions
and privacy policies posted therein. Third party links to websites or
advertisements are not endorsed by the Site, but are for the user's
convenience and should be accessed at user's own risk. You agree to
hold the Site harmless from any and all damages and liability that may
result from links appearing on the Site. You further agree not to post
links to any site containing any content relating to obscenity, child
pornography, password trading, hacking, rape, bestiality, copyright
infringement, or hate speech. Violations of this acceptable posting
policy are grounds for immediate termination. The TotallyShocking.com
Forum reserves the right to remove, edit, close or rearrange any message,
threads, or images for any and all reasons, but is not obligated to
remove such content.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning
use of the Service, including without limitation the maximum number
of days that Materials will be retained by the Site, the maximum number
of Materials that may be sent from or received by an account, the maximum
size of any Materials, the maximum disk space that will be allotted
to you, and the maximum number of times (and the maximum duration for
which) you may access the Site in a given period of time. You acknowledge
that we reserve the right to log off accounts that are inactive for
an extended period of time.
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that content
contained in sponsor advertisements or information presented to you
through the Site or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by us or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based
on the Site or the Software, in whole or in part. We grant you a personal,
non-transferable and non-exclusive right and license to use the object
code of its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree
not to modify the Software in any manner or form, or to use modified
versions of the Software, including, without limitation, for the purpose
of obtaining unauthorized access to the Site.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in these Terms,
there shall be no third party beneficiaries to this Agreement.
NOTICE AND AMENDMENTS
We may provide you with notices, including those regarding changes to
these Terms, by either e-mail, regular mail, or postings on the Site.
Any use of the Site or order by you after such updating shall be deemed
to constitute acceptance of such amendments, modifications, or new conditions.
If you do not want to be bound by an amendment, you will need to terminate
your registration, if any, and refrain from using the Site.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users
to do the same. We may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide us with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
GENERAL INFORMATION
Entire Agreement. These Terms constitute the entire agreement between
you and us and govern your use of the Site, superseding any prior agreements.
You also may be subject to additional terms and conditions that may
apply when you use or purchase certain other services, affiliate services,
third-party content or third-party software.
Resolution of Disputes. You agree that any controversy arising out of or in connection with our relationship, or a dispute with reference to these Terms, their validity or effect will be governed by the laws of the state of California. Any controversy arising out of or in connection with use of the Site or these Terms, their validity or effect, will be conclusively determined by arbitration in the City of Los Angeles in accordance with the rules of the American Arbitration Association; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the digital entertainment Internet industry. You agree that any proceeding that you may choose to bring against us will be initiated within six (6) months after the alleged date of the event bringing rise to such dispute. You waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by these Terms. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys' fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
VIOLATIONS
Please report any violations of these Terms to us at 11arrow(at)gmail.com.
