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1.
Definitions.
"CelebrityTemptation.com" is the interactive on-line service operated
by CelebrityTemptation.com Ltd. ("CelebrityTemptation.com") on the World
Wide Web of the Internet, consisting of information services and content
provided by CelebrityTemptation.com, affiliates of CelebrityTemptation.com
and other third parties. "Subscriber" means each person who establishes
or accesses a connection("Account") for access to and use of CelebrityTemptation.com.
2. General.
(A)
This Agreement, which incorporates by reference other provisions applicable
to use of CelebrityTemptation.com, including, but not limited to,
supplemental terms and conditions set forth in paragraph 14 hereof
("Supplemental Terms") governing the use of certain specific material
contained in CelebrityTemptation.com, sets forth the terms and conditions
that apply to use of CelebrityTemptation.com by Subscriber. By using
CelebrityTemptation.com (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and
conditions hereof. The right to use CelebrityTemptation.com is personal
to Subscriber and is not transferable to any other person or entity.
Subscriber is responsible for all use of Subscriber's Account (under
any screen name or password) and for ensuring that all use of Subscriber's
Account complies fully with the provisions of this Agreement. Subscriber
shall be responsible for protecting the confidentiality of Subscriber's
password(s), if any.
( B)CelebrityTemptation.com shall have the right at any time to change
or discontinue any aspect or feature of CelebrityTemptation.com, including,
but not limited to, content, hours of availability, and equipment
needed for access or use.
3.
Changed Terms.
CelebrityTemptation.com shall have the right at any time to change or
modify the terms and conditions applicable to Subscriber's use of CelebrityTemptation.com,
or any part thereof, or to impose new conditions, including, but not
limited to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on
CelebrityTemptation.com, or by electronic or conventional mail, or by
any other means by which Subscriber obtains notice thereof. Any use
of CelebrityTemptation.com by Subscriber after such notice shall be
deemed to constitute acceptance by Subscriber of such changes, modifications
or additions.
4.
Equipment. Subscriber shall be responsible for obtaining and maintaining
all telephone, computer hardware and other equipment needed for access
to and use of CelebrityTemptation.com and all charges related thereto.
5.
Subscriber Conduct.
(A) Subscriber shall use CelebrityTemptation.com for lawful purposes
only. Subscriber shall not post or transmit through CelebrityTemptation.com
any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law,
or which, without CelebrityTemptation.com's express prior approval,
contains advertising or any solicitation with respect to products
or services. Any conduct by a Subscriber that in CelebrityTemptation.com's
discretion restricts or inhibits any other Subscriber from using or
enjoying CelebrityTemptation.com will not be permitted. Subscriber
shall not use CelebrityTemptation.com to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation
of users to become subscribers of other on-line information services
competitive with CelebrityTemptation.com.
(B) CelebrityTemptation.com contains copyrighted material, trademarks
and other proprietary information, including, but not limited to,
text, software, photos, video, graphics, music and sound, and the
entire contents ofCelebrityTemptation.com are copyrighted as a collective
work under the Canadian and United States copyright laws. CelebrityTemptation.com
owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Subscriber
may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the content,
in whole or in part. Subscriber may download copyrighted material
for Subscriber's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will
be permitted without the express permission of CelebrityTemptation.com
and the copyright owner. In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall
be made. Subscriber acknowledges that it does not acquire any ownership
rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available
on CelebrityTemptation.com any material protected by copyright, trademark
or other proprietary right without the express permission of the owner
of the copyright, trademark or other proprietary right and the burden
of determining that any material is not protected by copyright rests
with Subscriber. Subscriber shall be solely liable for any damage
resulting from any infringement of copyrights, proprietary rights,
or any other harm resulting from such a submission. By submitting
material to any public area of CelebrityTemptation.com, Subscriber
automatically grants, or warrants that the owner of such material
has expressly granted CelebrityTemptation.com the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the
full term of any copyright that may exist in such material. Subscriber
also permits any other Subscriber to access, view, store or reproduce
the material for that Subscriber's personal use. Subscriber hereby
grants CelebrityTemptation.com the right to edit, copy, publish and
distribute any material made available on CelebrityTemptation.com
by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of CelebrityTemptation.com,
its subsidiaries, affiliates and its third party content providers
and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF CELEBRITYTEMPTATION.COM
IS AT SUBSCRIBER'S SOLE RISK. NEITHER CELEBRITYTEMPTATION.COM, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT CELEBRITYTEMPTATION.COM
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CELEBRITYTEMPTATION.COM,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH CELEBRITYTEMPTATION.COM.
(B) CELEBRITYTEMPTATION.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT CELEBRITYTEMPTATION.COM
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM
THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL CELEBRITYTEMPTATION.COM, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CELEBRITYTEMPTATION.COM
OR THE CELEBRITYTEMPTATION.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE CELEBRITYTEMPTATION.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CELEBRITYTEMPTATION.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CELEBRITYTEMPTATION.COM,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL
BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN CELEBRITYTEMPTATION.COM, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER,
OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION
OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
CELEBRITYTEMPTATION.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS
BASED ON THE INFORMATION PROVIDED. NEITHER, CELEBRITYTEMPTATION.COM,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT
OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF
THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(F) FORCE MAJEURE -- NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE
OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES,
ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE
OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS
FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY
SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS).
THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY
WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE
OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT
SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER
THIS AGREEMENT.
7. Monitoring.
CelebrityTemptation.com shall have the right, but not the obligation,
to monitor the content of CelebrityTemptation.com, including chat rooms
and forums, to determine compliance with this Agreement and any operating
rules established by CelebrityTemptation.com and to satisfy any law,
regulation or authorized government request. CelebrityTemptation.com
shall have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on CelebrityTemptation.com.
Without limiting the foregoing, CelebrityTemptation.com shall have the
right to remove any material that CelebrityTemptation.com, in its sole
discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless CelebrityTemptation.com,
its affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of CelebrityTemptation.com by Subscriber
or Subscriber's Account.
9.
Termination.
Either CelebrityTemptation.com or Subscriber may terminate this Agreement
at any time. Without limiting the foregoing, CelebrityTemptation.com
shall have the right to immediately terminate Subscriber's Account in
the event of any conduct by Subscriber which CelebrityTemptation.com,
in its sole discretion, considers to be unacceptable, or in the event
of any breach by Subscriber of this Agreement. The provisions of Sections
5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination
of this Agreement.
10.
Trademarks.
CelebrityTemptation.com its logos are trademarks of CelebrityTemptation.com
Ltd. All rights reserved. All other trademarks appearing on CelebrityTemptation.com
are the property of their respective owners.
11.
Third Party Content.
CelebrityTemptation.com is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, CelebrityTemptation.com
has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by third parties, including information providers, Subscribers or any
other user of CelebrityTemptation.com, are those of the respective author(s)
or distributor(s) and not of CelebrityTemptation.com. Neither CelebrityTemptation.com
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above for
the complete provisions governing limitation of liabilities and disclaimers
of warranty.) In many instances, the content available through CelebrityTemptation.com
represents the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with CelebrityTemptation.com.
CelebrityTemptation.com neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on
CelebrityTemptation.com by anyone other than authorized CelebrityTemptation.com
employee spokespersons while acting in their official capacities. Under
no circumstances will CelebrityTemptation.com be liable for any loss
or damage caused by a Subscriber's reliance on information obtained
through CelebrityTemptation.com. It is the responsibility of Subscriber
to evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through CelebrityTemptation.com.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
12.
Miscellaneous.
This Agreement and any operating rules for CelebrityTemptation.com established
by CelebrityTemptation.com constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such
subject matter. This Agreement shall be construed in accordance with
the laws of the State of New York, without regard to its conflict of
laws rules. No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent breach
or default. The section headings used herein are for convenience only
and shall not be given any legal import.
13.
Copyrights and Copyright Agent.
CelebrityTemptation.com respects the rights of all copyright holders
and in this regard, CelebrityTemptation.com has adopted and implemented
a policy that provides for the termination in appropriate circumstances
of subscribers and account holders who infringe the rights of copyright
holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide CelebrityTemptation.com's
Copyright Agent the following information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright
Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining
party;
5. A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
For any questions or requests regarding copyright and related issues,
please contact:
celebritytemptation@hotmail.com
or copyright@celebritytemptation.com
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