1. Eligibility:
You must be eighteen or over to register as a member of
or use this site. membership in the service is void where
prohibited. By using and/or viewing this site, you represent
and warrant that you have the right, authority, and capacity
to enter into this agreement and to abide by all of the terms
and conditions of this agreement and that you are at least
18-years old (21-years old in AL, MS, NE, WY, and any other
location where 18 is not the age of majority) - who are
interested in and wish to have access to visual images, verbal
and written descriptions and audio sounds of a sexually
oriented, and frankly erotic nature. The materials, which are
available within this site may include graphic visual
depictions and descriptions of nudity and sexual activity and
should not be accessed by anyone who is younger than 18-years
old (21-years old in AL, MS, NE, WY, and any other location
where 18 is not the age of majority) or who is offended by
such materials or who does not wish to be exposed to such
materials. Commercially available parental control protections
(such as computer hardware, software, or filtering services)
may assist you in limiting access to material that is harmful
to minors. If you are interested in learning more about these
protections, information is available at www.worldvillage.com or
other analogous sites providing information on such
protections. (The preceding link is provided for information
purposes only and is not intended as an endorsement of WorldVillage's Internet
site, services, or policies. Love-Trace, Inc. is not affiliated
with WorldVillage.)
By using and/or viewing this site you represent and warrant
under penalty of perjury the following:
A) That you are an adult, at least 18-years of age
(21-years old in AL, MS, NE, WY, and any other location where
18 is not the age of majority). B) That you will not
permit any person(s) under 18-years of age (21-years old in
AL, MS, NE, WY, and any other location where 18 is not the age
of majority) to have access to any of the materials contained
within this Site. C) That you understand that when you gain
access to this site, you will be exposed to visual images,
verbal descriptions and audio sounds of a sexually oriented,
frankly erotic nature, which may include graphic visual
depictions and descriptions of nudity and sexual activity. You
are voluntarily choosing to do so, because you want to view,
read and/or hear the various materials which are available,
for your own personal enjoyment, information and/or education.
Your choice is a manifestation of your interest in sexual
matters which, you believe, is both healthy and normal and
which, in your experience, is generally shared by average
adults in your community. You further represent and warrant
that you are familiar with the standards in your community
regarding the acceptance of such sexually oriented materials,
and the materials you expect to encounter are within those
standards. In your judgment, the average adult in your
community accepts the consumption of such materials by willing
adults in circumstances such as this which offer reasonable
insulation from the materials for minors and unwilling adults,
and will not find such materials to appeal to a prurient
interest or to be patently offensive. D) That you further
represent and warrant that you have not notified any
governmental agency, including the U.S. postal service, that
you do not wish to receive sexually oriented material. E)
That you represent and warrant that you have not and will not
use and/or view the Site(s) in a restricted location - namely
a place, country, or location in which doing so would, or
could be deemed a violation of any law, regulation, rule,
ordinance, edict or custom.
2. Fees/Termination:
Love-Trace.com's and Love-Trace, Inc.'s, usage and/or
subscription fees were provided to you upon registration and
may change from time to time upon electronic notice to you.
Love-Trace, Inc. reserves the right to terminate your access to
the site for any reason or no reason. Love-Trace, Inc. may
terminate your membership upon sending notice to you at the
email address you provide in your application for membership
or such other email address as you may later provide to us. If
Love-Trace, Inc. terminates your membership in the
Love-Trace.com service because you have breached this
Agreement, you will not be entitled to any refund of any
unused subscription fees. Even after this Agreement is
terminated, certain provisions will remain in effect including
sections 1, 3, 14, inclusive, of this Agreement.
3. Non-Commercial Use by Members/Viewers:
This Love-Trace.com site is for the
personal use of individual members and viewers only and may
not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become
members of this site and shall not use the Love-Trace.com
service or site for any purpose including but not limited to:
sending unsolicited commercial e-mail to members, sending
advertisements for other web sites and services in this site's
chat rooms, or using member personal identifying information
for commercial purposes. Illegal and/or unauthorized uses of
the site, including unauthorized framing of or linking to the
site or the sending of unsolicited commercial email will be
investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive
redress and/or termination of membership at Love-Trace.com's
sole discretion. In order to prevent the sending of
unsolicited commercial email or chat messages to its members,
Love-Trace, Inc. may take reasonable steps, including the
limiting of the numbers of emails or chat messages sent or
received by a member and electronically filtering or
throttling or terminating e-mail and chat messages at
Love-Trace, Inc.'s sole discretion.
4. Proprietary
Rights of Content on Love-Trace.com:
Love-Trace, Inc. owns and retains other
proprietary rights in the Love-Trace.com site and the
Love-Trace.com service. The site contains the copyrighted
material, trademarks, and other proprietary information of
Love-Trace, Inc., and its licensors. Except for that
information which is in the public domain or for which you
have been given permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such
proprietary information.
5. Content Posted on the Site/CDA:
A) Love-Trace, Inc. claims immunity from
liability to the fullest extent under the law and as provided
under the Communications Decency Act for Content provided by
third parties and members and nothing in this agreement is
intended to waive, remove, or usurp such immunity. You
understand and agree that Love-Trace, Inc. may delete any
content, messages, photos or profiles (collectively,
"Content") that in the sole judgment Love-Trace, Inc. violates
the Terms of Use or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of
Love-Trace, Inc. and/or its members. B) You are solely
responsible for the content that you publish or display
(hereinafter, "post") on the Love-Trace.com , or transmit to
other Love-Trace, Inc. members. C) By posting content to any
public area of Love-Trace.com , you automatically grant, and
you represent and warrant that you have the right to grant, to
Love-Trace, Inc. and its members, an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy,
perform, display, and distribute such information, rights of
publicity, and content and to prepare derivative works of, or
incorporate into other works and other media, such information
and content, and to grant and authorize sublicenses of the
foregoing. As a visitor to Love-Trace.com if you provide
Love-Trace, Inc. with your email address via a registration
process or post it on Love-Trace.com you thereby authorize
Love-Trace, Inc. and its affiliates and any entities that
Love-Trace, Inc. becomes involved with or merges with, the
right to use and/or sell your valid email address for any
marketing programs or communications with you. D)
Love-Trace, Inc.will investigate and take appropriate legal
action in its sole discretion against anyone who violates this
provision, including without limitation, removing the
offending communication from the site or service and
terminating the membership of such violators. The following is
a partial list of the kind of content that is illegal or
prohibited on the site - it includes content that: is patently
offensive to the online community, such as content that
promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; harasses or advocates
harassment of another person or invades their privacy;
involves the transmission of "junk mail", "chain letters," or
unsolicited commercial e-mail or "spamming"; promotes
information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous; 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; contains restricted or password only
access pages, or hidden pages or images (those not linked to
or from another accessible page); displays pornographic or
sexually explicit material of any kind; provides material that
exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under 18;
provides content that involves cursing, swearing, incest,
falsifying gender, violence, necrophilia, impersonating
another member, threat of suicide or harm to oneself or
others, drug paraphernalia, or beastiality; provides
instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses; solicits passwords
or personal identifying information for commercial or unlawful
purposes from other users; sending advertisements in chat or
instant messaging messages; and engages in commercial
activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, and pyramid
schemes. E) You must use the Love-Trace.com service in a
manner consistent with any and all applicable laws and
regulations. F) You agree that 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
the Love-Trace.com site. 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
our site is updated on a real time basis and is proprietary or
is licensed to Love-Trace, Inc. by our users or third
parties. G) You may not engage in advertising to, or
solicitation of, other members to buy or sell any products or
services through the service. You will not transmit any chain
letters or junk email to other Love-Trace.com members. Although
Love-Trace, Inc. cannot monitor the conduct of its members off
the Love-Trace.com site, it is also a violation of these rules
to use any information obtained from the service in order to
harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any member without their
prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, 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 the Love-Trace.com service
in a way that constitutes copyright infringement, please
provide our Copyright Agent with the following information
consistent with the Digital Millennium Copyright Act (DMCA):
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 our site including the URLs of
web pages and/or hyperlinks; 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.
Love-Trace, Inc. 's Copyright Agent for Notice of claims of
copyright infringement can be reached as follows:
Love-Trace, Inc.,
It is the intention of Love-Trace, Inc. 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.
7. Member
Disputes: LoveTrace,
Inc. does not control the information provided by other users
that are made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or
deceptive. Please use caution, common sense, and safety when
using our site. You are solely responsible for your
interactions with other Love-Trace.com members. Because it is
not involved in member 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 Love-Trace.com site,
you release Love-Trace, Inc., 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."
Love-Trace, Inc. reserves the right, but has no obligation, to
monitor disputes between you and other members.
8. Privacy:
Use of the Love-Trace.com site and/or its service is governed
by our Privacy Policy, which may change from time to time upon
electronic notice to you.
9. Disclaimers:
Love-Trace, Inc., including its officers, directors,
agents, subsidiaries and employees is not responsible for any
incorrect or inaccurate content posted on the site or in
connection with the Love-Trace.com service, whether caused by
users, members or by any of the equipment or programming
associated with or utilized in the service, nor for the
conduct of any user and/or member of the Love-Trace.com service
whether online or offline. Love-Trace, Inc. 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, user and/or member
communications. Love-Trace, Inc. is not responsible for any
problems or technical malfunction of any telephone network or
lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on
account of technical problems or traffic congestion on the
Internet or at any website or combination thereof, including
injury or damage to users and/or members or to any other
person's computer related to or resulting from participating
or downloading materials in connection with the Love-Trace.com
site and/or in connection with the Love-Trace.com service.
Under no circumstances Love-Trace, Inc., be responsible for any
loss or damage resulting from anyone's use of the site or the
service and/or any content posted on the Love-Trace.com site or
transmitted to Love-Trace.com members. The site and the service
are provided "AS-IS" and Love-Trace, Inc. expressly disclaims
any warranty of fitness for a particular purpose or
non-infringement. Love-Trace, Inc. cannot guarantee and does
not promise any specific results from use of the site and/or
the Love-Trace.com service.
10. Limitation on Liability:
Except in jurisdictions where such provisions
are restricted (and in that event liability is disclaimed to
the fullest extent permitted by law), in no event will
Love-Trace, Inc. be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or
punitive damages, including also lost profits arising from
your use of the site or the Love-Trace.com service, even
Love-Trace, Inc. has been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained
herein, Love-Trace, Inc.'s liability to you for any cause
whatsoever, and regardless of the form of the action, will at
all times be limited to the amount paid, if any, by you to
Love-Trace.com for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to
United States export controls. No software from this site may
be downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of or
related to these Terms of Use and/or your relationship with
Love-Trace, Inc. and/or your use of this site shall be
submitted to binding arbitration according to the rules of the
American Arbitration Association. The parties to the
arbitration shall evenly divide any and all costs of the
arbitration. Neither party shall be entitled to attorney fees.
All parties submit to exclusive jurisdiction in Santa Clara
County, California. The arbitration shall take place
exclusively in Santa Clara County, California at JAMS before a
retired judge and shall be governed by California law without
regard to its conflict of law provisions.
13.
Indemnity: You agree
to indemnify and hold Love-Trace, Inc., its subsidiaries,
affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or
demand, including reasonable attorney's fees, made by any
third party due to or arising out of your use of the service
in violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations
and warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices
shall be given by postal mail to:
Love-Trace, Inc.,
or to the email address you provide to Love-Trace.com during
the registration process. Notice shall be deemed given 24
hours after email is sent, unless the sending party is
notified that the email address is invalid. Alternatively,
Love-Trace, Inc. may give you notice by certified mail, postage
prepaid and return receipt requested, to the address provided
to Love-Trace.com during the registration process. In such
case, notice shall be given 3 days after the date of mailing.
You agree that this Agreement and all incorporated Agreements
may be automatically assigned by Love-Trace, Inc., in our sole
discretion, to a third party. Headings are for reference
purposes only and in no way define, limit, construe or
describe the scope or extent of such section. References to
Love-Trace, Inc. shall include its subsidiaries, affiliates,
officers, agents, and other partners and employees. LoveTrace,
Inc. 's failure to act with respect to a breach by you or
others does not waive its right to act with respect to
subsequent or similar breaches. If any provision of this
Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
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