VideoWeb Inc. / Site595.com Terms of Service
Before we get into all the legal covenants surrounding the
terms of service for this site we would first like to welcome
you to VideoWeb’s Site595.com. The website is a unique
online community that connects people through a specialized
network for dating purposes or just for making new friends.
The main purpose of this website is to have FUN. There are
a multitude of things to do on this site including forming
relationships, business-to-business connections, college
life and even some sexy adult fun. Whatever you do on this
site, please make it FUN for you and all your contacts.
If it is not FUN then you should not be here.
Site595.com’s service is operated by VideoWeb Inc.
As a member or non-member using the VideoWeb Inc. / Site595.com
web site (the "Web site") you agree to be bound
by the following Terms of Service (this "Agreement").
Read these Terms of Services carefully and indicate your
acceptance of them if you wish to register as a member to
use VideoWeb Inc. / Site595.com’s services to communicate
with other members on the Web Site. Do this by following
the required instructions on the signup page.
This written Agreement sets out the legally binding terms
of your membership in the Service and use of VideoWeb Inc.
/ Site595,com’s Web site; Your membership may be modified
by VideoWeb Inc. / Site595.com’s management staff
at any point in time without prior notice and will take
effect upon posting on VideoWeb Inc. / Site595.com.
VideoWeb Inc. / Site595.com’s acceptable use policy
for the content posted on the website, VideoWeb Inc. / Site595.com’s
Privacy Policy and notices regarding VideoWeb Inc. / Site595.com
is included in this agreement.
1. Eligibility. In order to register as a VideoWeb Inc.
/ Site595.com member you need to be eighteen years of age
or over. Any membership in the Service is automatically
void where prohibited. As a member and in use of the Web
site’s services, you represent and warrant that you
have the right, capacity and authority to enter into this
particular agreement and will abide by all of the terms
and conditions of this Agreement.
2. Terms. While using the Web site services and/or are
a Member; this Agreement will remain in full force and effect.
You are free to terminate your membership at any time you
wish, for any reason by following the instructions stated
on the Cancel Account page in “Account Settings”.
VideoWeb Inc. / Site595.com reserves the right to terminate
your membership at any time, for any reason. If VideoWeb
Inc. / Site595.com terminates your membership because you
have breached the Agreement, you will not be entitled to
any refund of your unused subscription fees. This agreement
will still remain in full effect even after your membership
has been terminated.
3. Non-Commercial Use by Members. All Organizations, companies,
and/or businesses alike may not become Members and should
not use the VideoWeb Inc. / Site595.com Service or the Web
site for any purpose. VideoWeb Inc. / Site595.com’s
Web Site service is meant for personal use of the individual
Members only; and may not be used in connection with any
commercial activities or endeavors. The following include
Illegal and/or unauthorized uses of the Web site: Collection
of usernames and/or email addresses of members by electronic
or other means for the purpose of sending unsolicited email
and unauthorized framing of or linking to the Web site will
be investigated thoroughly, and the appropriate legal action
will be taken, including without limitation, criminal, civil
and injunctive redress.
4. Full Proprietary Rights fully exist in Content on VideoWeb
Inc. / Site595.com. Except for that information which is
in the public domain or for which you have been given a
written permission, you do not have the right to copy, publish,
modify, transmit, perform, display, distribute or sell any
other proprietary information. VideoWeb Inc. / Site595.com
owns and retains all proprietary rights in the VideoWeb
Inc. / Site595.com Web Site and its Service. The Web Site
contains the copyrighted material, trademarks, and other
proprietary information of VideoWeb Inc. / Site595.com and
its licensors.
5. Content Posted on the Site.
a. As a registered member on VideoWeb Inc. / Site595.com
Web Site, your profile must describe you (an individual
person). Examples of in-appropriate profiles include the
following (But are not limited to): Profiles that purport
to represent an animal, inanimate, place, object, a real
individual who is not you or any fictional character.
b. You understand and agree that VideoWeb Inc. / Site595.com
reserves the right to review/edit delete any content,
photos, messages or profiles (collectively, "Content")
that in VideoWeb Inc. / Site595.com’s sole judgment
violate this Agreement or which might be illegal, offensive,
or that might violate the rights, threaten the safety
of other members, or harm them in anyway.
c. As a member posting Content to any public section of
VideoWeb Inc. / Site595.com, You automatically grant,
and you warrant and represent that you have the right
to grant, to VideoWeb Inc. / Site595.com a perpetual,
irrevocable, non-exclusive, fully paid, worldwide license
to copy, perform, use, display and distribute such information
and content and to incorporate into other works of, or
prepare derivative works of such information and content,
and to grant and authorize sublicenses of the foregoing.
d. You are solely responsible for the Content that you
display or publish (hereinafter, "post") on
the Service Web Site, or transmit to other VideoWeb Inc.
/ Site595.com Members.
e. solicits people you don't know to add you and/or accept
you as a VideoWeb Inc. / Site595.com member friend. Even
though all of the above is strictly prohibited on VideoWeb
Inc. / Site595.com, there is still a small chance that
you may become exposed to such items and you further waive
your personal right to any damages (from any party) related
to any such exposure.
f. You agree to use the Service in a manner consistent
with any and all applicable laws and regulations.
g. The following below is a partial list of the kind of
Content that is considered illegal or prohibited on the
VideoWeb Inc. / Site595.com Web Site. VideoWeb Inc. /
Site595.com reserves the right to investigate fully and
take any appropriate legal action in its sole discretion
against anyone who violates this provision; including
without limitation, removal of the offending communication
from the Service and automatically terminating the membership
of such violators. It includes Content that:
• is patently offensive to the online community,
such as Content that promotes bigotry, racism, hatred
or physical harm of any kind against any group or individual;
• promotes information that you are aware is false,
promotes illegal activities or misleading or conduct
that is threatening, abusive, obscene, libelous or defamatory;
• involves the transmission of "chain letters,"
"junk mail", or unsolicited mass mailing or
"spamming";
• advocates harassment or harasses another person;
• promotes any illegal or unauthorized copy of
someone else’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;
• contains password only access pages or restricted
pages, or hidden pages or images (those not linked to
or from other accessible page);
• displays any form of pornographic or sexually
explicit material of any kind;
• provides material that exploits persons under
the age of eighteen in a violent or sexual manner, or
solicits the personal information from anyone under
eighteen;
• provides instructional information about any
illegal activities such as buying or making illegal
weapons, providing or creating any computer viruses
or violating a person’s privacy.
• engages in commercial activities and/or sales
without any prior written consent from us; such as:
sweepstakes, contests, sweepstakes, advertising, barter
and pyramid schemes;
• solicits personal identifying information for
commercial or unlawful purposes from other users or
passwords;
h. You may not transmit any form of chain letters or junk
email to other Members. You may not engage in advertising
to, or solicitation of, other Members to buy or sell any
of your or others products or services through the VideoWeb
Inc. / Site595.com Service. Although VideoWeb Inc. / Site595.com
cannot monitor the conduct of its Members off the VideoWeb
Inc. / Site595.com Web site, it is still considered a
violation of these rules to use any information obtained
from the VideoWeb Inc. / Site595.com Service in order
to abuse, harass, or harm another person, or in order
to advertise to, contact, solicit, or sell to any of the
VideoWeb Inc. / Site595.com Members without their prior
explicit consent. In order to protect our Members from
such solicitation or advertising, VideoWeb Inc. / Site595.com
reserves the right to restrict the number of emails, which
any Member may send to other Members in any twenty four
hour period to a number, which VideoWeb Inc. / Site595.com
deems appropriate in its sole discretion.
i. No telephone members, last names, street addresses,
emails, URL’s may be included in your Member profile.
6. Member Disputes. Interaction between VideoWeb Inc. /
Site595.com members is your sole responsibility. VideoWeb
Inc. / Site595.com reserves the right, but has no obligation,
to monitor disputes between you and any other Members.
7. Privacy. Our Privacy Policy also governs the use of the
VideoWeb Inc. / Site595.com Web site and/or its Services.
8. Disclaimers. VideoWeb Inc. / Site595.com is not responsible
for any inaccurate or incorrect Content posted on the Web
site or in connection with the Service; whether caused by
users of the members or users of the Web site, or by any
of the equipment or programming utilized or is associated
in the Service. VideoWeb Inc. / Site595.com assumes no responsibility
for any interruption, omission, error, delay in operation,
deletion, defect, communications line failure, destruction,
theft or unauthorized access to, or alteration of any user
or Members communications. VideoWeb Inc. / Site595.com is
not responsible for the conduct, whether online or offline,
of any user of the VideoWeb Inc. / Site595.com Web site
or Member of the Service. The Web site and the Service are
provided "AS-IS" and VideoWeb Inc. / Site595.com
expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. VideoWeb Inc. / Site595.com
is not responsible for any technical malfunctions or problems
of any telephone network or lines, computer online systems,
computer equipment, servers or providers, software, failure
of email or players on account of technical problems or
traffic congestion on the Internet or at any web site or
combination thereof, including damage or injury to users
and/or VideoWeb Inc. / Site595.com Members or to anyone’s
computer related to or resulting from downloading material
or participating in connection with the Web and/or in connection
with the VideoWeb Inc. / Site595.com Service. Under no circumstances
will VideoWeb Inc. / Site595.com be responsible for any
loss or damage, including personal injury or death, resulting
from anyone's use of the VideoWeb Inc. / Site595.com Web
site or the Service, any Content posted on the Web site
or transmitted to Members, or any interactions between users
of the Web site, whether online or offline. VideoWeb Inc.
/ Site595.com cannot guarantee and does not promise any
specific results from use of the Web site and/or the Service.
The service may not be available temporarily from time to
time for maintenance purposes or other reasons. No advice
or information, whether written or oral, obtained by VideoWeb
Inc. / Site595.com users or through or from the service
itself shall create any warranty not expressly stated herein.
9. Copyright Policy. You may not post, reproduce, or distribute
in any way any copyrighted material, trademarks, or other
proprietary information of VideoWeb Inc. / Site595.com without
obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you
believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information:
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has
been infringed; a description of where the material that
you claim is infringing is located on the VideoWeb Inc.
/ Site595.com Web site; your address, telephone number,
and email address; 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; 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.
10. Limitation on Liability. Except in jurisdictions where
such provisions are restricted, in no event will VideoWeb
Inc. / Site595.com be liable to you or any third person
for any exemplary, indirect, consequential, incidental,
special or punitive damages, including also any lost profits
arising from your use of the VideoWeb Inc. / Site595.com
Web site or the Services, even if VideoWeb Inc. / Site595.com
has been advised of the possibility of such form of damages.
Notwithstanding anything to the contrary contained herein,
VideoWeb Inc. / Site595.com liability to you for whatsoever
cause, and regardless of the form of the action, will at
all times be limited to the amount that is paid, if any,
by you as a member to VideoWeb Inc. / Site595.com for the
Service during the term of the membership.
11. Indemnity. You agree to hold and indemnify VideoWeb
Inc. / Site595.com, affiliates, its subsidiaries, agents,
officers, and other partners and employees, harmless from
any loss, claim, liability, or demand, including reasonable
attorney's fees, made by any third party due to or arising
out of your use of the VideoWeb Inc. / Site595.com Service
in violation of this Agreement and/or arising from a breach
of this Agreement and/or any breach of your representations
and warranties set forth above. If You are a California
resident, You waive California Civil Code Section 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."
12. No Agency. There is no partnership, employee-employer,
agency, franchisor-franchisee or joint venture, relationship
between VideoWeb Inc. / Site595.com and any User of the
VideoWeb Inc. / Site595.com Service.
13. Other. This Agreement, accepted upon use of the VideoWeb
Inc. / Site595.com Web site and further affirmed by becoming
a registered Member of the Service, contains the entire
agreement between you and VideoWeb Inc. / Site595.com regarding
the use of the Web site and/or the Service. If any provision
of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. Failure
of VideoWeb Inc. / Site595.com to enforce or exercise any
right or provision of these stated Terms of Service shall
not constitute a waiver of such right or provision. The
section titles in these Terms of Service are for convenience
only and have no legal or contractual effect.
Please contact us with questions you may have regarding
this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS
CONTAINED ABOVE.
