| Terms of Use
BikiniObsession.com User Agreement
This agreement (hereinafter, the "Agreement") between
BikiniObsession.com. (hereinafter, "BikiniObsession.com", "us"
"we" or "our") and you sets forth the terms and conditions
which govern your use of any of the BikiniObsession.com
website and/or the services (hereinafter, the "Services")
thereon which are provided by BikiniObsession.com.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING
ANY OF OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE OUR WEB SITE OR SERVICES AND SHOULD
IMMEDIATELY CEASE SUCH USE. BIKINIOBSESSION.COM MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON NOTICE, WHICH MAY BE ACCOMPLISHED
BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA EMAIL.
YOUR USE OF ANY OF THE our website AND/OR SERVICES FOLLOWING
SUCH NOTICE SHALL BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE
SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT. IF WE REQUEST, YOU
IRREVOCABLY AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS
AGREEMENT.
1. Limited License; Use of Services.
BikiniObsession.com grants to you a limited personal,
non-exclusive and non-transferable right and license to access
our website and use the Services thereon. Unless otherwise
specified in writing, the Services are for your personal and
non-commercial use.
BikiniObsession.coms Services shall contain, without
limitation, viewing and downloading of all galleries of models
where allowed. Services shall also include any other
advertisements that are posted as part of being included for
members of BikiniObsession.com.
2. Prohibited Activities.
In connection with your use of the BikiniObsession.com site
and/or the Services we offer, you acknowledge and agree that
you will not:
a. copy, reverse engineer, reverse assemble, otherwise attempt
to discover the source code, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works
from, transfer or sell any information, software, products or
services obtained through the website or the services;
b. access the our website or Services by any means other than
through the standard industry-accepted or BikiniObsession.com-provided
interfaces;
c. transmit any message, information, data, text, software or
image, or other content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, or otherwise objectionable which may invade
anothers right of privacy or publicity;
d. impersonate any person or entity, including without
limitation, a BikiniObsession.com official, forum leader, chat
room monitor, guide or host, or falsely state or otherwise
misrepresent your affiliation with such a person or entity;
e. post or transmit any material that contains a virus or
corrupted data;
f. delete any author attributions, legal notices or
proprietary designations or labels that you upload to any
communication feature;
g. use any of our communications features in a manner that
adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or flooding
continuous postings of repetitive text);
h. post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam," "chain letters," "pyramid
schemes" or any other form of solicitation or any non-resume
information such as opinions or notices, commercial or
otherwise;
i. violate any applicable local, state, national or
international law;
j. upload or transmit any material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
of any party;
k. delete or revise any material posted by any other person or
entity;
l. manipulate or otherwise display the our website and/or the
Services by using framing or similar navigational technology;
m. register, subscribe, attempt to register, attempt to
subscribe, unsubscribe, or attempt to unsubscribe, any party
for any BikiniObsession.com product or Service if you are not
expressly authorized by such party to do so; or
n. use the website and/or the Services we offer for any
purpose that is unlawful or prohibited by these terms and
conditions. You may not use the website or the Services in any
manner that could damage, disable, overburden or impair
BikiniObsession.coms servers or networks, or interfere with
any other users use and enjoyment of our website and/or the
Services. Furthermore, you may not attempt to gain
unauthorized access to any of our website, Services, accounts,
computer systems or networks connected to BikiniObsession.com
through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information
through any means not intentionally made available through our
website or the Services.
3. Billing and Renewal Transactions and Policies.
In the event you wish to subscribe to the BikiniObsession.com
members site, you will be asked by BikiniObsession.com or an
authorized third party to supply certain information,
including without limitation, your full name, address,
telephone number and credit card information. You agree to
provide BikiniObsession.com or such third party with the
foregoing information as well as any other mandatory
information that is accurate, complete and current, and to
comply with the terms and conditions of any agreement that you
may enter into governing your purchase of the product or
Service. You shall be responsible for all charges incurred
through your account as well as for paying any applicable
taxes.
4. Message Boards and Chat Rooms.
BikiniObsession.com hosts message boards, chats and other
public forums on our website. Any user failing to comply with
the terms and conditions of this Agreement may be expelled
from and refused continued access to, the message boards,
chats or other public forums in the future.
BikiniObsession.com or its designated agents may remove or
alter any user-created content at any time for any reason.
Message boards, chats and other public forums are intended to
serve as discussion centers for users and subscribers.
Information and content posted within these public forums may
be provided by BikiniObsession.com staff, BikiniObsession.coms
outside contributors, or by users not connected with
BikiniObsession.com, some of whom may employ anonymous user
names. BikiniObsession.com expressly disclaims all
responsibility and endorsement and makes no representation as
to the validity of any opinion, advice, information or
statement made or displayed in these forums by third parties,
nor are we responsible for any errors or omissions in such
postings, or for hyperlinks embedded in any messages. Under no
circumstances will we, our affiliates, suppliers or agents be
liable for any loss or damage caused by your reliance on
information obtained through these forums. The opinions
expressed in these forums are solely the opinions of the
participants, and do not reflect the opinions of
BikiniObsession.com or any of its subsidiaries or affiliates.
5. Monitoring.
BikiniObsession.com has no obligation whatsoever to monitor
any of the content or postings on the message boards, chat
rooms or other public forums on our website. However, you
acknowledge and agree that we have the absolute right to
monitor the same at our sole discretion. In addition, we
reserve the right to alter, edit, refuse to post or remove any
postings or content, in whole or in part, for any reason and
to disclose such materials and the circumstances surrounding
their transmission to any third party in order to satisfy any
applicable law, regulation, legal process or governmental
request and to protect ourselves, our clients, sponsors, users
and visitors.
Materials posted and/or uploaded to the various public forums
may be subject to size and usage limitations. You are
responsible for adhering to such limitations.
6. Third Party Content.
In general, the content contained on any of our website or
Services is supplied by third parties and users. Accordingly,
BikiniObsession.com is a distributor (and not a publisher) of
such content and 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, are those of the
respective authors or distributors, and not
BikiniObsession.com. Neither BikiniObsession.com nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content. Furthermore,
BikiniObsession.com neither endorses nor is responsible for
the accuracy and reliability of any opinion, advice, or
statement made on any of the our website or Services by anyone
other than an authorized BikiniObsession.com representative
while acting in his/her official capacity.
7. Contests and Games.
BikiniObsession.com often provides contests and games on our
website. The rules, regulations and procedures governing any
of the foregoing shall be accessible through a hypertext link
prominently displayed on the web page where the contest or
game may be located. By entering or participating in any of
them, you agree to be subject to those rules, regulations and
procedures. Please remember to read the rules carefully before
participating.
8. Accounts, Passwords and Security.
If any of our website or Services require you to open an
account, you must complete the registration process by
providing BikiniObsession.com with current, complete and
accurate information, as prompted by the applicable
registration form. You acknowledge that by providing any
information to BikiniObsession.com which is untrue,
inaccurate, not current or incomplete, BikiniObsession.com
reserves the right to terminate this Agreement and your
continued access and use of the our website and/or the
Services.
As part of the registration process, you will be asked to
select a username and password. You are entirely responsible
for maintaining the security and confidentiality of your
account and password. FURTHERMORE, YOU ARE ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY
YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify BikiniObsession.com immediately of any
unauthorized use of your account or any other breach of
security. BikiniObsession.com will not be liable for any loss
that you may incur as a result of someone else using your
password or account, either with or without your knowledge.
However, you may be held liable for any losses incurred by
BikiniObsession.com or another party due to someone else using
your account or password.
9. Disclaimer Regarding Links.
The links on any of our websites and/or Services will let you
leave the particular Site or Service you are accessing in
order to access a linked site (the "Linked our website").
BikiniObsession.com provides these links as a convenience, but
we neither control nor endorse these Linked our website, nor
has BikiniObsession.com reviewed or approved the content which
appears on the Linked our website. BikiniObsession.com is not
responsible for the legality, accuracy or inappropriate nature
of any content, advertising, products or other materials on or
available from any Linked our website. You acknowledge and
agree that BikiniObsession.com shall not be responsible or
liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of
any of the links, content, goods or services available on or
through the Linked our website.
10. Dealings with Third Parties.
Your participation, correspondence or business dealings with
any third party found on or through our website and Services,
regarding payment and delivery of specific goods and services,
and any other terms, conditions, representations or warranties
associated with such dealings, are solely between you and such
third party. You agree that BikiniObsession.com shall not be
responsible or liable for any loss, damage, or other matters
of any sort incurred as the result of such dealings.
11. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights
under the U.S. copyright law. If you believe in good faith
that materials hosted by BikiniObsession.com infringe your
copyright, you, or your agent may send to BikiniObsession.com
a notice requesting that the material be removed or access to
it be blocked. Any notification by a copyright owner or a
person authorized to act on its behalf that fails to comply
with requirements of the DMCA shall not be considered
sufficient notice and shall not be deemed to confer upon
BikiniObsession.com actual knowledge of facts or circumstances
from which infringing material or acts are evident. If you
believe in good faith that a notice of copyright infringement
has been wrongly filed against you, the DMCA permits you to
send to BikiniObsession.com a counter-notice. All notices and
counter notices must meet the then current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright
for details.
We suggest that you consult your legal advisor before filing a
notice or counter-notice. Also, be aware that there can be
penalties for false claims under the DMCA.
12. Privacy.
BikiniObsession.com policy with respect to the collection and
use of your personally identifiable information is set forth
at http://www.BikiniObsession.com/privacy.html. By accepting
these Terms of Service, you acknowledge this policy.
13. Disclaimer of Warranties.
THE WEBSITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS
OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH OUR
WEBSITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
BikiniObsession.com AND ITS AFFILIATES, SUPPLIERS, AND AGENTS
DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF
OUR WEBSITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF
THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED
THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS
WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, OUR
WEBSITE OR SERVER(S) ON WHICH THE SERVICES AND OUR WEBSITE ARE
HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR
USE OF OUR WEBSITE AND THE SERVICES AND ANY INFORMATION OR
MATERIALS PROVIDED ON OR THROUGH OUR WEBSITE AND SERVICES ARE
ENTIRELY AT YOUR OWN RISK.
14.Limitation of Liability.
NEITHER BIKINIOBSESSION.COM NOR ITS DIRECTORS, OFFICERS,
EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN
ANY WAY TO (i) THE USE OF OR INABILITY TO USE OUR WEBSITE OR
THE SERVICES; (ii) ANY CONTENT CONTAINED ON OUR WEBSITE AND/OR
THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE
PUBLICLY AVAILABLE ON OUR WEBSITE AND/OR THE SERVICES; (iv)
ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH OUR
WEBSITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF
ANY INFORMATION AVAILABLE ON OUR WEBSITE OR THE SERVICES; (vi)
ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE
TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON
OUR WEBSITE OR THE SERVICES, or (vii) ANY OTHER MATTER
RELATING TO OUR WEBSITE AND/OR THE SERVICES. IN NO EVENT SHALL
BikiniObsession.com’s TOTAL LIABILITY TO YOU FOR ANY AND ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY,
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING
ANY OF THE SERVICES OR OUR WEBSITE.
15. Professional Advice Disclaimer.
BIKINIOBSESSION.COM WEBSITE DOES NOT PROVIDE MEDICAL OR
COUNSELING ADVICE. NOTHING STATED OR POSTED ON ANY WEBSITE OR
AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST
NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING
CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE
AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY,
PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT,
INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR WEBSITE IS
CONTINUALLY UNDER DEVELOPMENT AND BIKINIOBSESSION.COM MAKES NO
WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. PLEASE SEEK
THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR
CONTENT.
16. Indemnification.
You agree to indemnify, defend, and hold BikiniObsession.com
and its subsidiaries, affiliates, officers, directors, agents,
co-branders or other partners, employees, and representatives
harmless from and against any and all claims, damages, losses,
costs or expenses (including reasonable attorneys fees and
disbursements) which arise directly or indirectly out of or
from (i) your breach of this Agreement, (ii) any allegation
that any materials that you submit to BikiniObsession.com or
post on any forums (e.g., message boards, chat rooms) infringe
or otherwise violate the copyright, trade secret, trademark or
other intellectual property rights of a third party, and (iii)
your access or use of the our website and/or the Services.
This Section 17 shall survive in the event this Agreement is
terminated for any reason.
17. Jurisdictional Issues.
BikiniObsession.com makes no representation or warranty that
the content and materials on our website and/or the Services
are appropriate or available for use in locations outside the
United States. Those who choose to access the our website or
use the Services from other locations do so on their own
initiative and at their own risk, and are responsible for
compliance with local laws, if and to the extent applicable.
BikiniObsession.com reserves the right, at any time in our
sole discretion, to limit the availability and accessibility
of the our website and/or the Services to any person,
geographic area, or jurisdiction we so desire, and to limit
the quantities of any such Service or products that we
provide.
18. Termination.
This Agreement shall remain effective until terminated in
accordance with its own terms and conditions. You agree that
BikiniObsession.com, in its sole discretion, may terminate
your password, account (in whole or in part), or use of our
website or Services, and remove and discard any content within
the our website, at any time and for any reason. You agree
that any actions taken under this Section 19 may be effective
without prior notice to you. In the event of termination,
however, those Sections in this Agreement which provide for
continuing obligations on your part shall survive
indefinitely.
19. General Information.
This Agreement constitutes the entire agreement and
understanding between you and BikiniObsession.com and governs
your use of our website and the Services, superseding any
prior agreements between you and BikiniObsession.com. This
Agreement and the relationship between you and
BikiniObsession.com shall be governed by and construed in
accordance with the laws of the State of Texas, without regard
to its conflict of law provisions. You and BikiniObsession.com
irrevocably agree to submit to the personal and exclusive
jurisdiction of the federal and state courts located within
the county of Harris, in the State of Texas, and waive any
jurisdictional, venue, or inconvenient forum objections to
such courts. The failure of BikiniObsession.com to exercise or
enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent
jurisdiction to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severed
herefrom and shall not affect the validity and enforceability
of any remaining provisions. The section titles in this
Agreement are for convenience purposes only and have no legal
or contractual effect. This Agreement is not assignable,
transferable or sub-licensable by you except with our prior
written consent. However, we may assign this Agreement to any
third party whom we choose without your consent. No waiver by
BikiniObsession.com of any breach or default hereunder shall
be deemed a waiver of any preceding or subsequent breach or
default.
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