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Terms Of Use
User Agreement. This Agreement constitutes your agreement with Wintice Group, Inc.,
with respect to your use of the 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 the 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 sexually explicit 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:
a. you are entering and
using this site purely for the purpose of personal entertainment;
b. 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;
c. 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;
d. 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
e. you will not forward
chain letters through the Service;
f.
you will not use the Service to infringe the privacy rights,
property rights, or other civil rights of any person;
g. you will not post
messages, pictures or recordings or use the Service in any way which:
i.
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
ii.
is fraudulent, represents someone other than yourself, or is
otherwise unlawful or violates any law; or
iii.
includes photos or ads portraying illegal activity, underage
children, or explicit drug use; or
iv.
includes photos that do not match your textual description or
include people other than yourself or a consenting partner;
h. 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;
i.
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.
j.
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.
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 Company assumes no responsibility for the content of
any material posted by others, but Company reserves the right, in its 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, not necessarily of Company, and that Company is 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,
sell, resell or exploit for any commercial purpose, any portion of the
materials from our web site.
Copyrights
and copyright agents. Company respects the intellectual property of others and we
expect the same of you. If you believe that your work has been copied in a way
that constitutes copyright infringement, please provide us 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.
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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