User Agreement
This Agreement constitutes your agreement with Wintice Group, Inc., with respect to your use of this Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of this Service. As used in this Agreement, "we" and "us" shall refer to Wintice Group, Inc., or any successor or assign of Wintice Group, Inc.
Disclaimer with Advertisers
This site provides information of interest to viewers. We also accept advertising from product and service providers. All product and service providers are independent contractors and we have no relation with said providers other than accepting paid advertising from them. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Wintice Group, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.
Right to Use
Your right to use the service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the service at any time, including the availability of any service feature, database or content. We may also impose limits on certain features and aspects of the service or restrict your access to parts or all of the service without notice or liability.
Adult
You represent, warrant and covenant that you are at least 18 years old and do not find adult oriented materials to be offensive. You understand that this site contains links to pages containing adult-oriented materials.
Code of Conduct
You agree to use the service in accordance with the following Code of Conduct:
- you are entering and using this site purely for the purpose of personal entertainment;
- you take full responsibility for any business conducted with the independent contractor providers that purchase advertising space on this site and waive all claims of liability against Wintice Group, Inc., it’s officers, directors, employees and agents;
- you will keep all information provided to you through the service as private and confidential and will not give such information to anyone without the written permission of the person who provided it to you;
- you will not use the service to engage in any form of harassment or inappropriate behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive, defamatory or racist statements
- you will not forward chain letters through the service;
- you will not use the service to infringe the privacy rights, property rights, or other civil rights of any person;
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you will not post messages, pictures or recordings or use the service in any way which:
- violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or
- is fraudulent, represents someone other than yourself, or is otherwise unlawful or violates any law; or
- includes photos or ads portraying illegal activity, underage children, or explicit drug use; or
- includes photos that do not match your textual description or include people other than yourself or a consenting partner;
- you will not use the service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services, unless you are a registered Advertiser (i.e. an escort or a masseur) on this site;
- you may not use the service for any unlawful purpose. We may refuse to grant you a screen name that impersonates someone else, is protected by trademark or proprietary law, or as determined by us in our sole discretion.
- you will not use this service if you are from a country, state, province, or locale in which possessing, viewing, or distributing adult material is in any way illegal.
Privacy and Use of Information
You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users or advertisers.
We cannot guarantee, and assume no responsibility for verifying the accuracy of the information provided by other users of or advertisers on the Service.
It is our policy to respect the privacy of others; however, we will disclose information about you if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with the legal process; (ii) enforce this Agreement; (iii) respond to claims that any information or materials transmitted to our web site violates the rights of third-parties; or (iv) to protect the rights, property or personal safety of you, Company, its Content Providers, others, and the public.
Monitoring of Information
We reserve the right, but not the obligation, to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines that may be applicable from time to time.
Removal of Information
While we do not and cannot review every message or other material posted or sent by users of the service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the service or users of the service.
ALL PHOTOS AND IMAGES ON THE SITE ARE INDEPENDENTLY UPLOADED BY OUR ADVERTISERS. WINTICE GROUP INC. IS NOT INVOLVED IN ANY WAY IN THE PRODUCTION OR CREATION OF THESE IMAGES AND, THEREFORE, WINTICE GROUP INC IS EXEMPT FROM 2257 REQUIREMENTS.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your access to all or part of the service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the service at our sole discretion, and you may be referred to appropriate law enforcement agencies. Users that infringe upon copyrighted material will have their rights to use the Service terminated.
Proprietary Information
The service contains information that is proprietary to us and to our users. We assert full copyright protection in the Service. Information posted by us or other users of the service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
No responsibility
We are not responsible for any incidental, consequential, special, punitive, exemplary, direct or indirect damages of any kind whatsoever, which may arise out of or relate to your use of the service, including but not limited to lost revenues, profits, business or data, or damages resulting from any viruses, worms, "Trojan horses" or other destructive software or materials, or communications by you or other users of the Service, or any interruption or suspension of the service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 12 months. We may discontinue or change the service or its availability to you at any time, and you may stop using the service at any time.
You further acknowledge and agree that we assume no responsibility for the content of any material posted by others, but that we reserve the right, in our sole discretion, to (i) edit or delete any information or materials submitted to or appearing on our web site and (ii) refuse access to our web site to any person that violates these terms of use. Please be aware that bulletin boards, personal ads and advertisements, reviews, and chat rooms contain the opinions and views of others, which opinions and views are not necessarily ours or shared by us, and that we are not responsible for the accuracy of any messages on our web site posted by others.
Security
Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the service by users using your password, including but not limited to use of your password by any third party.
Other Links
The service may from time to time contain links to other World Wide Web Internet sites and resources ("External Links"). We are not responsible for, and have no liability as a result of, the availability of External Links or their contents.
Indemnity
You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.
No Warranties
The service is distributed on an "as is" basis. We do not warrant that this service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the service. Where permitted by law, you acknowledge that the service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the service is at your own risk. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by Wintice Group, Inc. or any user of the service or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk.
No resale of material from our website
You agree not to reproduce, duplicate, copy, or to sell, resell or exploit for any commercial purpose, any portion of the materials from our web site.
Copyrights and copyright agents
We respect the intellectual property of others and we expect the same of you. Repeated infringement of copyrighted material by a user will result in termination of that user’s right to use the Service. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our registered DMCA Agent
Peter Arvant, Esq.
Stark Reagan, PC
PO Box 7037
Troy, MI 48007-7037
dmca@starkreagan.com
with the following information:
(i) an original signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted material that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is
located on our web site;
(iv) your address, telephone number and e-mail
address;
(v) 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; and
(vi) a statement by you, made under penalty of perjury, that the
above information is accurate and that you are the copyright owner or
authorized to act on the copyright owners behalf.
Modifications
We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the service. Your continued use of the service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications thereto.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the service, or of any Wintice Group, Inc. related products and services. We reserve the right to disclose information about your usage of the service and demographics in forms that do not reveal your personal identity.
Assignment
You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Wintice Group, Inc. has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Wintice Group, Inc., if Wintice Group, Inc.'s obligations hereunder are assumed by a third party, Wintice Group, Inc. Inc. shall be relieved of any and all liability under this Agreement.
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