You must be eighteen (18) years of age or older
to register as a member or use the service provided by MyAdultProfile.com
(Our Services Are Void Where Prohibited by Applicable Law)
By viewing MyAdultProfile
website, registering for membership or using the Service in any way you
understand and agree to all our terms below:
(a)
You are over the age of eighteen (18) or
older if the age of majority is greater than eighteen (18) in the jurisdiction
in which you live. Your profile, pictures, blogs everything will be deleted and
your membership may be terminated, without notice or warning, if we believe that
you are under our required age limit eighteen (18) years of age;
(b)
You have the right, authority and
capacity to enter into this agreement and to abide by all of the terms and
conditions contained herein;
(c)
All registration information you submit
will be truthful and accurate;
(d)
You are interested in adult material and
are not offended by written, audio or visual depictions of, and open discussions
related to, nudity and sexual activity;
(e)
You are voluntarily choosing to register
and/or use the Service because you want to participate in discussions or view,
read and/or hear the user published adult materials which are made available on
the website for your own personal enjoyment, information or education;
(f)
You will not allow or permit any person
or persons to access or view the materials on the website or use the Services
who are under the age of eighteen (18), or older if the age of majority is
greater than eighteen (18) in the jurisdiction in which you live, and you will
make diligent efforts to prevent unauthorized access by minors;
(g)
You are familiar with the community
standards of the area in which you access the website or use the Service
regarding the acceptance of sexually oriented materials and the materials you
expect to encounter are within those standards;
(h)
You have determined that the community in
which you live, the community in which you access the website or the community
in which you use the Service, accepts the publication and public consumption of
sexually oriented materials by informed and consenting adults and that the
community will not find that such materials appeal to a prurient interest or are
patently offensive;
(i)
You have not and will not use, view,
browse, search or otherwise participate in the Service in any way from a
restricted place, country, state, community or other location where doing so
would be, or could be deemed a violation of any law, regulation, rule,
ordinance, edict or custom;
(j)
You have not notified any governmental
agency, including but not limited to the U.S. Postal Service, that you do not
want to receive sexually oriented materials;
(k)
You will not use any robot, spider, other
automatic device, or manual process to monitor or copy our web pages or the
content contained herein without our prior expressed written permission. You
agree that you will not use any device, software or routine to bypass or to
interfere or attempt to interfere with the proper working of our website. We do
grants the operators of public search engines permission to use spiders or other
proprietary methods to copy materials from the site for the sole purpose of
creating publicly available and searchable.
(l)
You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on the Service is updated on a real-time
basis and is proprietary or is licensed to MyAdultProfile by our users or third
parties.
(m)
You will use the MyAdultProfile Service
in a manner consistent with any and all applicable laws and regulations.
This Agreement shall
become effective when you first access the website, register for Membership
and/or use, view, browse, search or otherwise participate in the Service
(regardless of Membership). This Agreement shall remain in full force and effect
during the time in which you are a registered Member or use the Service in any
way. You may terminate your Membership at any time and for any reason this does
not work use our contact us section. MyAdultProfile reserves the right to
terminate your Membership at any time, for any reason, without notice or
warning. If MyAdultProfile terminates your Membership for violation of any
policy or for breach of this Agreement, you will not be entitled to any refund
of any unused subscription fees or credits (if any). Upon termination of this
Agreement all sections which would normally survive termination of an agreement
shall remain in full force and effect including but not limited to [proprietary
rights, content posted, prohibited content, copyright policy, member disputes,
privacy, disclaimers, limits on liability, export controls, disputes, indemnity]
Currently
MyAdultProfile does not charge a fee for Member registration or use of the
Service. You understand, agree and accept that MyAdultProfile reserves the right
to charge a fee for the Service and to change any fees from time to time, as may
be decided in our sole discretion.
You must choose a
unique username and password when you sign up to become a Member. Your username
will be publicly displayed on the Service. You are entirely responsible for
maintaining the secrecy of your password. You agree that you will not share your
password with anyone or disclose your password to anyone for any reason. You
agree that you will not use the account, username or password of another Member
at any time. You agree to notify MyAdultProfile immediately if you suspect any
third party access to your password or use of your account by anyone other than
yourself. You are solely and exclusively responsible for any and all use of your
account.
The Service may be
used by Members to make commercial statements or to otherwise engage in
commercial endeavors pursuant to the Commercial Use Guidelines as may be
established by MyAdultProfile from time to time in our sole discretion. The
Commercial Use Guidelines shall be incorporated into and become a part of this
Agreement as if fully set forth herein.
Illegal or
unauthorized use of the Service, including collecting usernames and/or email
addresses of Members by any means, electronic or otherwise, for the purpose of
sending unsolicited email or private messages is strictly forbidden. Framing of
or linking to the website or any part of the Service is strictly forbidden.
Unsolicited commercial communications with Members via email or private message
is strictly forbidden. Illegal and/or unauthorized use of the Service, including
violation of the Commercial Use Guidelines, will be investigated and appropriate
legal action will be taken, including without limitation civil, criminal and
injunctive relief and/or termination of your Membership in our sole discretion.
Notwithstanding
anything to the contrary contained herein or in the Commercial Use Guidelines,
MyAdultProfile reserves the right to suspend, terminate, delete or otherwise
remove any commercial statements without notice and without penalty. You
understand, accept and agree that all commercial speech is allowed at the sole
and exclusive discretion of MyAdultProfile and no absolute right to engage in
commercial speech is granted by this Agreement. In order to maintain the
integrity of the Service, MyAdultProfile reserves the right, in our sole
discretion, to take reasonable steps to limit the volume of emails, chat
messages and other communications sent or received by a Member and
electronically filtering, limiting or terminating communications. MyAdultProfile
reserves the right to terminate the right to make commercial speech or
disseminate commercial messages at any time, for any reason, without notice and
without penalty.
By publishing, displaying, posting or
otherwise disseminating any messages, text, files, images, photos, video,
sounds, profiles, works of authorship, or any other materials whatsoever
(collectively the "Content"
on or through the Service, you hereby grant to
MyAdultProfile
a perpetual, non-exclusive, fully-paid and royalty-free, worldwide license, with
the right to sublicense through unlimited levels of sublicenses, to use, copy,
modify, adapt, translate, publicly perform, publicly display, store, reproduce,
transmit and otherwise distribute the Content on and through the Service. The
license granted in this Article 6; Section 6.01 shall survive termination of
this Agreement.
MyAdultProfile owns and retains other
proprietary rights on MyAdultProfile.com.
The Service contains the copyrighted material, trademarks, and other proprietary
information of MyAdultProfile.com
and its licensors. Except for information in the public domain or for which you
have been given express written permission by
MyAdultProfile.com,
you may not copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information.
You, the Self-publisher,
represent and warrant that:
(a)
You are solely responsible for the
Content that you publish, display, post or otherwise disseminate on or through
the Service provided by MyAdultProfile.com
or transmit to other MyAdultProfile.com
members.
(b)
You own the Content published or
otherwise posted by you on or through the Service, including all copyrights
therein, free of any liens or encumbrances, or you otherwise have the right and
authority to grant the license set forth in Article 6; Section 6.01 above;
(c)
You did not plagiarize or copy any work
of any person(s), entity or entities in publishing or otherwise posting the
Content on or through the Service;
(d)
None of the Content contains any material
from other copyrighted or unpublished works unless you have obtained a copy of
written permission or authorization and consent of the owner of such rights in
such materials;
(e)
None of the Content, or any part thereof,
and no display of any or all of the Content by
MyAdultProfile.com
as authorized or contemplated by this Agreement shall infringe upon any rights
of any person(s), entity or entities, including without limitation, any
intellectual property rights which include without limitation, any copyright,
trademark right, service mark right, right of publicity or privacy, trade secret
right, or any other proprietary or personal right of any person(s), entity or
entities;
(f) All
participants, actors, crew, production staff or other individuals associated
with the Content were at least eighteen (18) years of age (or twenty-one (21)
years or older as may be required by law where the age of majority is not
eighteen (18) years) at the time the original work in which said person(s)
appear was first created, or at the time such persons initially performed any
act(s) which resulted in their appearance in any of the Content, whichever is
earlier;
(g)
When necessary, you have made reasonable
inquiry, investigation and inspection of all necessary records required for
compliance with United States Code Title 18 Section 2257 and you have all such
necessary records in your possession with respect to the Content, including but
not limited to, proofs of age, identification of the particular work in which
the performer appears, all names used by the performer, prior works in which the
performer appeared and all model releases allowing the use of the performers
image and likeness in the Content for the purposes contemplated under this
Agreement.
(h)
You are the primary producer of the
Content, and all parts thereof; further, you can and will provide
MyAdultProfile.com
with all records whatsoever that may required for
MyAdultProfile.com
to be in compliance with the Laws of the United States and any other
international jurisdiction which may be applicable, as may be promulgated or
amended from time to time, including but not limited to Federal, State, and
Local Laws, including but not limited to United States Code Title 18 Section
2257;The Licensor shall make timely delivery of all Films and collateral
material as set forth more specifically below;
(i)
Whenever
you Self-publish or otherwise post or upload any Content of a sexually explicit
nature, as defined in United States Code Title 18 Section 2256(2), to the
Service you have been, and at all times shall be, in compliance with the Laws of
the United States and any other international jurisdiction which may be
applicable, as may be promulgated or amended from time to time, including but
not limited to Federal, State, and Local Laws and that all material is in
compliance with United States Code Title 18 Section 2257. Further, if required
in the sole discretion of
MyAdultProfile.com, you shall deliver to
MyAdultProfile.com
any and all records, including but not limited to proofs of performer age,
identification of the Content in which any performer appears, all names used by
any performer, prior works in which any performer appeared and all model
releases allowing the use of the performer’s image and likeness in the Content.
(j)
None of the Content contains any
matter that, if published or publicly displayed or disseminated would be
obscene, fraudulent, libelous, slanderous, defamatory, hateful, harassing,
negligent or otherwise contrary to any law of any applicable jurisdiction.
(k)
None of the Content includes any images
of bestiality, fisting, urination, defecation, torture, mutilation, rape,
sadistic or masochistic abuse, incest, necrophilia, sex acts with non-consenting
adults, child pornography or any other depiction that would lead a reasonable
person to conclude that the performer depicted in the Content is a minor;
You may not publish,
display, post or otherwise disseminate, 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 or otherwise have
a valid basis under the law, including "fair use." Without limiting the
foregoing, if you believe that your work has been copied and posted on
MyAdultProfile
Service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information
consistent with the Copyright Act (DMCA).
(a)
An electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest;
(b) An
complete and accurate description of the copyrighted work that you claim has
been infringed with enough specificity to identify the work;
(c)
A description of where the material you
claim is infringing is located on the Service, including the URLs of web pages
and/or hyperlinks;
(d)
Your address, telephone number, and email
address;
(e)
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;
(f)
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.
It is the
intention of MyAdultProfile 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.
It is the policy of
MyAdultProfile
to terminate Membership privileges of any Member
who repeatedly infringes the copyright rights of others upon receipt of prompt
notification to MyAdultProfile
by the copyright owner or the copyright owner's
legal agent. Without limiting the foregoing, if you believe that your work has
been copied and posted on the Services in a way that constitutes copyright
infringement you must make notice to
MyAdultProfile as set forth above.
The following is a
partial list of the kind of Content that is illegal or prohibited to post on or
through the Service. If notified of an alleged breach of these Content
restrictions, MyAdultProfile reserves the right to investigate and take
appropriate legal action against anyone who, in our sole discretion, violates
this provision, including without limitation, removing the offending
communication from the Service and terminating the Membership of such violators.
Without limiting any other Self-published Content prohibitions as may be set
forth elsewhere in this Agreement, Prohibited Content includes, but is not
limited to:
(a)
Content that is patently offensive to the
online community;
(b)
Content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
(c)
Content that harasses or advocates
harassment of another person or invades their privacy;
(d)
Content that involves the transmission of
"junk mail", "chain letters," or unsolicited mass mailing or "spamming;"
(e)
Content that promotes information you
know is false, misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
(f)
Content that 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;
(g)
Content that contains restricted or
password only access pages, or hidden pages or images (those not linked to or
from another accessible page);
(h)
Content that provides material which
exploits people under the age of 18 in a sexual or violent manner or solicits
personal information from anyone under 18;
(i)
Content that provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
(j)
Content that solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users;
(k)
Content that may test the boundaries of
decency, or may be considered illegal in the United States;
(l)
Depictions of bestiality, fisting,
urination, defecation, torture, mutilation, rape, sadistic or masochistic abuse,
incest, necrophilia, sex acts with non-consenting adults, child pornography or
any other depiction that would lead a reasonable person to conclude that the
performer depicted in the Content is a minor;
(m)
Any Content that
MyAdultProfile deems
inappropriate or offensive as may be determined in our sole discretion.
Member Disputes
MyAdultProfile
does not control the Content which is
Self-published by Members which is made available through our Service. You may
find other Members’ or users' information to be offensive, harmful, inaccurate,
or deceptive. Please use caution, common sense, and safety when using our
Service or otherwise accessing our web site. You are solely responsible for your
interactions with other members on this site. Because
MyAdultProfile
is not involved in Member or user interactions,
in the event that you have a dispute with one or more Members or those who have
posted, viewed, or used information on the
MyAdultProfile
Service, you release
MyAdultProfile,
including its officers, directors, agents, subsidiaries and employees, from
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code § 1542, which says: "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 if known by him must
have materially affected his settlement with the debtor."
MyAdultProfile
reserves the right, but has no obligation, to
monitor disputes between you and other members.
Disclaimers
MyAdultProfile
is not responsible for any incorrect or
inaccurate Content posted on the web site or in connection with the Service
provided, whether caused by Members or users of the Service or by any of the
equipment or programming associated with or utilized in the Service. Profiles
created and posted by Members of the Service may contain links to other
websites. MyAdultProfile
is not responsible for the Content, accuracy or
opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by
MyAdultProfile.
Inclusion of any linked website on the
MyAdultProfile Service does not imply
approval or endorsement of the linked website by
MyAdultProfile. When you access
these third-party sites, you do so at your own risk.
MyAdultProfile
takes no responsibility for third party
advertisements posted or otherwise disseminated on or through the Service, nor
does it take any responsibility for the goods or services provided by its
advertisers. MyAdultProfile
is not responsible for the conduct, whether
online or offline, of any Member or user of the Service.
MyAdultProfile
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, and any Member or user communication.
MyAdultProfile
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 any email or players due
to technical problems or traffic congestion on the Internet or on any of the
Service or combination thereof, including any injury or damage to members or
users or to any person's computer related to or resulting from participation or
downloading materials in connection with the Service. Under no circumstances
shall MyAdultProfile
be responsible for any loss or damage, including
personal injury or death, resulting from use of the Service, attendance at an
MyAdultProfile
event, from any Content posted on or through the
Service, or from the conduct of any members or users of the Service, whether
online or offline. MyAdultProfile
is not responsible for downtime, bugs or other
errors with the Service and you understand and agree that the Service may not be
always available and that various features of the Service may not work or be
discontinued without notice. The Service is provided "AS-IS" and as available
and MyAdultProfile
expressly disclaims any warranty of fitness for
a particular purpose or non-infringement.
MyAdultProfile cannot guarantee and does
not promise any specific results from use of the Services.
ALL INQUIRES SHOULD BE
SENT TO
INFO@MYADULTPROFILE.COM
