Terms of Use and Privacy Policy
Website Terms of Use and User Agreement.
Welcome to Raven Porn Reviews™. You must be an adult over the age of 18 years (21 years in places where 18 years of age is not the age of majority) to access and use Raven-Porn-Reviews.com™.
PLEASE READ THESE THIS AGREEMENT CAREFULLY. The following comprises a legally binding agreement between you, an individual or a corporation or other legal entity (hereinafter “You” or “User”, and grammatical variations thereof), and LinkSeen, LLC (hereinafter variously “Us”, “Company”, “Raven-Porn-Reviews.com™”, or Raven Porn Reviews™ and grammatical variations thereof). By accessing or using any part of the Raven-Porn-Reviews.com website, including any and all pages directly or subordinately linked to the Raven-Porn-Reviews.com home page at www.Raven-Porn-Reviews.com or other materials hosted on the Company’s servers (collectively “Website”) or using any services provided at or through the Website (“Services”), You hereby expressly agree to be bound by
- All the terms and conditions set forth in this agreement (“Agreement”), including limitations from where you may access the Website (“PROHIBITED AREAS”);
- All the terms and conditions set forth in Our Privacy Policy;
- All the terms and conditions set forth in Our Publisher Terms and Conditions; and
- All the terms and conditions set forth in all other notices to Users of the Website and/or Services posted on the Website by the Company.
You hereby acknowledge and agree that You must first agree to all the terms of this Agreement” as a condition of obtaining Our authorization for You to use the Website or any Services. This means that You may not access or use the Website or any Services unless and until You agree to, and by bound by, all the terms and conditions set forth in this Agreement. This also means that if You do not fully agree to all the terms of this Agreement You are expressly NOT AUTHORIZED to further access Our Website or the servers operating the Website or the data contained on those servers, for any reason, including, without limitation, to obtain or use digital copies of photographs, video, text, graphics, code or software (collectively and individually referred to hereinafter as “Content”) available at or through the Website and or Services We may provide. Therefore, if You do not agree to the terms of this Agreement Your accessing of any Content on, or visible through, the Website, including that which is hosted on Our servers will comprise unauthorized access of our computers and databases in violation of law (See Paragraph 6 below). You also agree that any unauthorized accessing of the Website and/or Content by You will also comprise a breach of this contract, trespass to chattels, and potential violation of Our privacy rights, intellectual property rights and other rights.
If You are acting on behalf of a business, You represent and warrant that You have the authority to bind that business and its acceptance of this Agreement in full and will personally indemnify the Company for any breach of this warranty.
PLEASE NOTE IF YOU WISH TO UPLOAD ANY CONTENT TO THE WEBSITE, YOU MUST ALSO READ AND AGREE TO OUR PUBLISHER TERMS AND CONDITIONS.
YOU HEREBY ACKNOWLEDGE THAT ANY OF THE FOLLOWING ACTS BY YOU SHALL EXPRESSLY SIGNIFY THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT:
- DOWNLOADING OF ANY CONTENT FROM THE WEBSITE BY YOU OR AT YOUR DIRECTION;
- UPLOADING OF ANY CONTENT TO THE WEBSITE BY YOU OR AT YOUR DIRECTION; OR
- ANY OTHER USE OF SERVICES PROVIDED AT OR THROUGH THE WEBSITE BY YOU.
- 1. Parties To This Agreement And Consideration.
- The parties to this Agreement are You and LinkSeen, LLC. By Your further accessing the Website or Content or Services available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
- 2. Acknowledgement Of Sexual Content And Potentially Offensive Materials.
- You hereby acknowledge that the Content made available at, in, though and in association with Website may include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company, and to providers of the Content (“Website Content Providers”), that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing for entertainment and educational purposes only. You further acknowledge that Your access to, and use of, the Website and/or Services may expose You and other Users to inaccurate, offensive, indecent, or objectionable materials. You hereby agree to waive, and hereby do waive, any legal and equitable rights and remedies You have or may have against the Company and other Users with respect thereto and agree to defend, indemnify and hold harmless the Company, its officers, members, employees, and agents, and the Company’s licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to Your use of the Website and the Services. You expressly acknowledge that most, if not all, of the Website Content Providers providing Content to the Website are Users and other third-parties, and that Company may from time-to-time provide some Content to the Website.
- 3. Age-Restricted Materials And Age Restricted Access.
- No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by Website Content Providers or place any orders for any goods or Services advertised in, at, through or in linked association with, the Website.
- 4. Agreement Not To Access Content Or The Website From Prohibited Areas.
- As a material condition to the granting of the license to You to use the Website set forth in Paragraph 7 below, You agree and warrant that You shall at no time access, or otherwise use, or cause or enable others to access or otherwise use the Website or any parts thereof in geographic locations that are identified by the Company as “PROHIBITED AREAS” from which the Company refuses to grant authorized access to its servers and databases. All of the following areas constitute such "PROHIBITED AREAS" from which the Website may not be accessed by You:
- 4.1 Prohibited Access Areas In The United States.
- All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
PROHIBITED AREAS IN THE UNITED STATES- Alabama: zip code prefix 366
- Arkansas: all zip codes
- Florida: zip code prefixes 323 & 325
- Kentucky: all zip codes
- Minnesota: zip code prefixes 557 & 558
- Mississippi: all zip codes
- Montana: zip code prefix 591
- Nebraska: zip code prefixes 681 & 685
- New York: zip code prefix 103
- N. Carolina: zip code prefix 282
- Ohio: zip code prefix 452
- Oklahoma: all zip codes
- Pennsylvania: all zip codes
- Tennessee: all zip codes
- Texas: all zip codes
- Utah: all zip codes
- Virginia: zip code prefix 223
- 4.2 Other Prohibited Access Areas.
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- 4.2.1 All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran) Islamic law; and
- 4.2.2 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as Content provided by the Company or by Company-Third-Party Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
- 5. Affirmation That You Are An Adult And You Are Not In A “PROHIBITED AREA”.
- YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A PROHIBITED AREA AND YOU WILL NOT ACCESS THE WEBSITE FROM ANY PROHIBITED AREA.
- 6. Consequences Of Fraudulent Age Or Location Representation.
- You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website by a minor or by any person located in a PROHIBITED AREA constitutes the unauthorized accessing of the Company’s computers and databases in excess of the authorization granted by the Company, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and such unauthorized access would also constitute trespass to chattels and Your breach of this Agreement. You further acknowledge that You understand that any such unauthorized access of the Website on the Company’s computers could subject You to potential criminal prosecution and substantial civil liability.
- 7. Grant Of Limited License.
- In consideration of Your acknowledgements, representations, warranties and promises set forth in this Agreement, including Your affirmation that You are an adult not currently located in a PROHIBITED AREA, and Your promise that You will not access the Website from a PROHIBITED AREA, the Company hereby grants You a limited and revocable single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
- 8. Termination of Your License To Use Website.
- You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website or any Service provided at or in association with the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement or any other agreement with the Company. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website or access to Services at Our sole discretion. You hereby acknowledge and agree that any activity by or in association with You that the Company considers to be potentially illegal may be referred to appropriate law enforcement agencies and that you shall not bring any claim of any kind against the Company for doing so.
- 9. Important Access And Use Restrictions.
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- 9.1 Use In Accordance With Company Terms.
- You acknowledge and agree that You may access, view, download, receive materials available at, in or through the Website, and that You may only upload materials to the Website or Our servers, only in accordance with the terms, conditions and other restrictions set forth in this Agreement, the Publisher Terms and Conditions, and such other terms, conditions and restrictions that are set forth on the Website or otherwise associated with the Content or Services.
- 9.2 Use Subject To Revision Or Modification Of This Agreement.
- You also agree that Your use of the Website shall at all times be subject to all revisions and modifications of this Agreement posted on the Website and that it shall be Your sole obligation to check for modifications and revisions to this Agreement.
- 9.3 No Unlawful Or Infringing Use Of The Website Or Services Provided By The Company.
- You agree that You will not use the Website, any Content or any Services provided by the Company in any manner that violates any law or regulation or infringes or violates any right, including, without limitation, any intellectual property or other property right, or any privacy right of any person or entity. Without limiting the forgoing, you agree that all of the following are prohibited uses of the Website, Content and Services:
- 9.3.1 You shall not re-publish or provide any parts of the Website or any Content to any other person, by any means, including, without limitation, by email, phone messaging or publication via any web page, including any personal web page You may own or be affiliated with, including any MySpace® page, regardless of whether any of the aforementioned uses are commercial or non-commercial. You acknowledge that any and all unauthorized uses of the Website or Content associated with the Website may constitute copyright infringement that could subject You to serious potential liability.
- 9.3.2 You shall not use the Website, any Content or any Service provided by the Company in any manner that infringes any copyright, trademark, trade secret, misappropriates any person’s rights in their name, likeness, voice or other rights of publicity.
- 9.3.3 You agree not to misrepresent the ownership, source or character of any Content, including, without limitation, any Content You upload to the Website or otherwise provide to Company for publication on, in or in association with the Website.
- 9.3.4 You agree not to use any false or deceptive trade practices, unauthorized or unsolicited advertising, or any unpermissioned transmission of e-mail in association with Your use of the Website or Services. You further agree not to use the Website or any Service provided by the Company in any manner to harvest or collect information from the Company or any other Users.
- 9.3.5 You agree You will not access, otherwise use or attempt to access or otherwise use the Website, any Content or any Services provided by the Company in any manner that bypasses any restrictive measures the Company implements to prevent or restrict access to the Website, Content, Services or any parts thereof.
- 9.3.6 You agree not to engage in any activity or any use of the Website, Content or Services provided by the Company, that interferes, in any manner, with the functioning of the Website or any Service provided by the Company or that places, or results in, an unreasonable or disproportionately large load being placed on the Company’s servers or other resources. You also agree not to engage in any activity that interferes with any other User’s use or enjoyment of the Website, any Content, or any Services provided by the Company on, in, at or through the Website.
- 9.3.7 You agree not to remove or attempt to remove any notices or labels associated with the Website or any Content in, at, on, or associated with, the Website or Services provided by the Company.
- 9.3.8 You agree not to use any automated means to access any part of the Website or Service or any Content in a manner that sends more server request messages to any Company server(s) than a human User would normally be capable of sending in the same period by using a conventional web browser functioning on a conventional consumer computer.
- 9.3.9 You agree that You will not frame or otherwise publicly display, perform or distribute the Website, or any parts thereof, without prior written authorization by Company. You further warrant that you will not create any hyperlinks to any password-protected parts of the Website or any Content in, on or otherwise associated with the Website.
- 9.3.10 You acknowledged and agree that You may only use the Website and Services as intended by the Company and that all other uses by You, directly or indirectly, are strictly prohibited.
- 9.4 Use On One Computer At A Time; No Commercial Use.
- You may access and use the Website only on one computer at a time for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use the Content provided by third-party Website Content Providers for any commercial purpose whatsoever.
- 9.5 Uploading Content Or Other Materials To The Website.
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- 9.5.1 You shall, at all times, be solely responsible for any and all digitized materials and files you upload to the Website or Our servers or otherwise make available to other Users of the Website or Services (“Your Content”).
- 9.5.2 You agree and warrant that all of Your Content, including, without limitation, all digitized photographs, videos, audiovisual materials, text and other digital files that You upload or otherwise publish in, on, at, through, or in association with, the Website or any Service provided by the Company shall at all times be fully compliant with this Agreement, the Publisher Terms and Conditions [Please link to Publisher Terms and Conditions and remove this instruction], and all other relevant instructions and notices published by the Company relating thereto, and, further, You agree and warrant that all actions You take to upload or otherwise publish Your Content shall also comply with this Agreement and all of the other aforementioned documents.
- 9.5.3 You agree and warrant that all of Your Content uploaded to or otherwise published on or in association with the Website or Services shall be fully compliant with all laws and regulations, including, without limitation, 18 U.S.C. §2257 and §2257A, and 28 CFR 75 (“The 2257 Regulations”). You expressly agree that each item of Your Content provided to the Company that is subject to 18 U.S.C. §2257 or 18 U.S.C. §2257A shall have a proper and accurate compliance statement associated with the item uploaded to the Website or otherwise transmitted to the Company as required by The 2257 Regulations and that You shall simultaneously provide to the Company a copy of proper identification documents and other information associated with the item that is required by the record-keeping provisions of The 2257 Regulations. You further expressly warrant that all persons depicted in Your Content were over the age of 18 years at the time the subject materials were created.
- 9.5.4 You agree that all of Your Content provided for publication via the Website shall not violate any person’s or entity’s rights, including any copyrights, trademark rights, rights associated with any person’s name, likeness, voice or persona, any trade secret rights, patent rights or any other intellectual property rights or privacy rights if Your Content is published in, on, at, through, or otherwise associated with the Website, or otherwise used as contemplated by this Agreement. You expressly agree that you will not upload any of Your Content that includes any trademarks or brands unless you have written permission to publish Your Content with such trademarks and brands included from the owners of rights in such trademarks and brands.
- 9.5.5 You expressly represent and warrant that You own or You have all the necessary licenses, rights, consents, and permissions to upload Your Content to, and publish Your Content on, the Website, including, without limitation, all necessary copyrights, trademark rights, rights of name, likeness and publicity, and all other proprietary rights in and to Your Content required to lawfully and rightfully upload Your Content to, and publish Your Content in, on, at, though, or associate it with, the Website in any manner made available to You via the Website by the Company contemplated by this Agreement. You further expressly warrant that You will have all the necessary rights to grant the licenses set forth in subparagraphs 9.5.7 and 9.5.8 below
- 9.5.6 You shall be solely responsible for all the consequences of, and solely liable for, any and all uploading of Your Content to and the publishing of Your Content on, the Website and You agree to fully indemnify the Company, its officers, directors, shareholders and agents for each breach of warranty regarding Your Content and the reproduction, publication and other use of Your Content on, or in association with, the Website.
- 9.5.7 By uploading Your Content to the Website or by otherwise providing Your Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant right of rights to the Company and its successors in the form of an irrevocable and perpetual worldwide, non-exclusive, royalty-free, sublicensable and transferable license for the Company to reproduce, distribute, display, publish, perform and transmit Your Content on, in, at, through or in association with, the Website, by any means and in any format now known or hereinafter invented. Such license shall include the right to format Your Content for use via the Website. You hereby waive any and rights of attribution and all other moral rights in and to Your Content that You upload to the Website or otherwise submit or provide to the Company for publication on, in, at, through or otherwise in association with the Website.
- 9.5.8 By uploading Your Content to the Website or by otherwise providing Your Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant of rights to each User of the Website and to each recipient of Services in the form of a non-exclusive irrevocable and perpetual worldwide license to access and use Your Content in, at, on, through and in association with, the Website, and via any and all Services provided to Users by the Company.
- 9.5.9 You agree not to upload to the Website or otherwise provide to the Company or any Users any of Your Content or other materials of any kind that contains any malicious or damaging code or software, any viruses or any other devices that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any computer, server, digital storage device, or database owned or controlled by the Company, any User, or any other party.
- 9.5.10 You agree not to directly or indirectly engage in any activity in association with Your use of the Website or Services provided by the Company that impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any false affiliation with the Company or any employee or agent of the Company.
- 9.5.11 You agree not to use the Website, any Content or any Service provided by the Company to advertise, promote, market or make or publish any offer to buy or sell, or otherwise engage in any transaction relating to any controlled substances, illegal products or prohibited activities, including, without limitation, any pharmaceutical products, tobacco products, alcoholic products, firearms, explosives, weapons, online gambling, prostitution, counterfeit or stolen articles, registered or unregistered securities or any other products or activities that could cause the Company or any User to directly or indirectly be implicated in the violation of any law or regulation.
- 9.5.12 You expressly acknowledge and agree that the Company shall, at no time, have any obligation to monitor any Content that has been uploaded to the Website or otherwise provided to the Company for publication on, in, at or in association with, the Website or Services, including, without limitation, Your Content. Notwithstanding the foregoing, the Company and its agents shall at all times reserve the right to remove or block any Content, including, without limitation, Your Content, without notice to You or to any other person. You hereby expressly promise and warrant that You shall not bring any claim of any kind against the Company or any of its agents for, or arising from, the blocking of access to any Content, including, without limitation, Your Content, or any removal from the Website thereof.
- 10. Service Marks (Trademarks).
- Raven Porn Reviews™, Raven-Porn-Reviews.com™, Bad Porn Nevermore™, and If we ain't ravin' about it - forget about it!™ are Service marks licensed by LinkSeen, LLC. No use of the marks or any other trademarks identified on the Website as licensed by LinkSeen, LLC by You or any other User is authorized or shall be permitted except through express prior written authorization and permission of Company. All rights reserved.
- 11. Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials.
- You agree to be personally liable for any breach of this Agreement, including any breach of warranty made by You. You also agree to fully indemnify the Company and the Company’s directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any and all breaches of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized accessing, uploading, downloading, viewing, copying or distribution of the Website, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorney’s fees and all litigation and criminal defense costs.
- 12. You May Not Transfer Or Assign Your Access Rights Or Other Privileges; Passwords.
- You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
- 13. Code Of Conduct.
- You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:
- 13.1 You shall not use the Website, any Content or any Service provided by the Company to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any text, graphics, video, audio or audiovisual content to the Website that comprises or contains libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
- 13.2 You shall not use the Website, Content or any Service provided by the Company to threaten any person, promotes hate, incite violence or support terrorists or terrorism in any manner.
- 13.3 You shall not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company’s rights, any Content provider’s rights or any other User’s rights.
- 13.4 You will not upload any Content to the Website or download or access any Content available at or in association with the Website that does not comply with the community standards of the community from which You desire to upload Content and to which You desire to have such content delivered or transmitted.
- 13.1 You shall not use the Website, any Content or any Service provided by the Company to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any text, graphics, video, audio or audiovisual content to the Website that comprises or contains libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
- 14. Authorization And Permission To Communicate With You.
- Please read our PRIVACY POLICY. You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to You from the Company, Our marketing affiliates, and/or Our’s and their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter, including, without limitation, communications containing explicit nudity, explicit sexual depictions, sexual language and explicit sexual situations, including those involving heterosexuality, homosexuality and transsexuality. You agree that the Company shall not be under any obligation or restriction regarding the sale of Your email information to any third parties for any purpose. Moreover, You agree that Your request, authorization and permission to the Company send You such materials and communications herein shall continue to be in effect unless and until You notify the Company that You wish to be deleted from the Company’s email list, in which case, You acknowledge and agree that the Company shall be obligated only to delete You from its email list and not the email list(s) of any third parties regardless of how such parties obtained Your email information through the Company. You acknowledge and agree that You will need to contact such third parties to be deleted from their email list(s). If You do not wish to receive advertising email from Us CLICK HERE and state You do not wish to receive advertising email from Us.
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- 14.1 Opt-out and Cancellation Provisions.
- At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company or Contact US with an e-mail cancellation request.
- 14.2 Acknowledgment of Privacy Policy.
- You hereby acknowledge the Company’s Privacy Policy and waive any claims against the Company that arise out of in relation to any matter relating thereto.
- 14.3 No Actions Resulting From Registration In “No Contact” Registries.
- You hereby agree that You will not bring any action against Company, any Website Content Providers, or any of the Website’s affiliates or any of any of the aforementioned parties’ principals, employees or agents as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental “do not email” registry with respect to any such contact point You have provided to the Company and/or one or more Website Content Providers after indicating that You have given the Company and/or such Website Content Providers permission to send You email, e.g., as You have done so in this Agreement above. You agree to indemnify the Company and Website Content Providers, the Website’s affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 14.3 and for any actions against Company, Website Affiliates, and/or any Website Content Providers that result from the Company and/or one or more Website Content Providers or affiliates sending You email that You have requested or authorized the Company, its affiliates and/or one or more Website Content Providers or affiliates to send You.
- 15. Use Of The Website To Communicate With Other Users, Website Affiliates Or Website Content Providers.
- The Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Website affiliate or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Website affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
- 15.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
- 15.2 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
- 15.3 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other users of the Website who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/or other agents of Company whether or not they are the intended recipient(s).
- 15.4 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
- 15.5 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
- 15.6 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service.
- 15.7 Communications In Chat Room Or Public Areas Not Private. You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
- 15.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
- 16. Disclaimer And Limitation Of Liability Regarding Website Content Providers, Company Affiliates, Other Website Users And Other Third Parties.
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- 16.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by any Users or other Website Content Providers, the Company’s affiliates or any other third parties.
- 16.2 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any and all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Website.
- 16.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any Content uploaded by any Users, any advertisements or communications submitted to the Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
- 16.4 Raven-Porn-Reviews.com™ may provide links on the Website to third-party websites. Unless otherwise stated, the Company does not monitor, endorse, control or assume any duty or responsibility for, any third-party websites that are or may become linked to the Website or any web page under the control of the Company.
- 16.5 Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
- 16.6 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, Website Content Providers, affiliates or any other website users and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
- 16.7 You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials You may receive from the Company, Website affiliates or Website Content Providers.
- 16.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by any Users or other Website Content Providers, the Company’s affiliates or any other third parties.
- 17. No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code.
- You understand that neither Company, Website affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties (“Harmful Code”). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company, Website affiliates nor any Website Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.
- 18. Disclaimers; No Warranties;
- Your Use Of This Site Is At Your Own Risk. You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company’s suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
- 19. Limit Of Company’s, Website Content Providers’ and Website Affiliates’ Liability.
- Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Website and Company Services as set forth herein, and to access Content made available to You by Website Content Providers and/or affiliates, You agree that any and all liability that might be attributable to the Company, Website Content Providers or Website affiliates, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the Website and/or Website Content Providers’ or affiliates’ Content, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for accessing any fee-based Services provided by the Company or (2) fifty dollars ($50.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law.
- 20. Waiver of Section 1542.
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With respect to the releases of liability set forth in this Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
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.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
- 21. Cooperation With Law Enforcement.
- The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority’s investigations.
- 22. Notices To Company Or User Notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website.
- Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Us HERE.
- 23. Intellectual Property Policy And Alleged Copyright Infringement Notification Procedure.
- It is the policy of Raven-Porn-Reviews.com™ to respect and support the intellectual property rights of Content providers. Please review our Copyright Policy, Infringement Notification, Take Down and Restoration Procedures which is incorporated herein by reference.
- 24. Entire Agreement.
- This Agreement in association with any and all agreement(s) You may have or enter into in future with Company, Website Content Providers and/or Website affiliates regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the Raven-Porn-Reviews.com™ Website.
- 25. Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction.
- You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all be governed by and construed under the laws of the State of California and the United States, as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- 25.1 Choice of Law.
- You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of California or Wyoming at the discression of LinkSeen, LLC.
- 25. 2 Arbitration.
- Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by confidential binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California or Wyoming at the discression of LinkSeen, LLC and the United States. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company’s sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in Los Angeles, California or Cheyenne, Wyoming or (2) a panel of three (3) new arbitrators. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
- 25.3 Venue.
- You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be Los Angeles, California or Cheyenne, Wyoming at the discression of LinkSeen, LLC.
- 25.4 Jurisdiction.
- You and Company agree that in case of any litigation regarding this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
- 25.5 Time Limitation.
- You and We expressly agree that any cause of action arising out of or related to the website, any Content available on, at or in association with the Website, any Service provided by the Company or any other matter arising under this Agreement, the Publisher Terms and Conditions, Our Privacy Policy or any other terms and conditions to which the Company and You are parties must commence within one (1) year after the cause of action accrues.
- 26. Unenforceability Of Provisions.
- You and Company agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
- 27. Non-Waiver.
- You acknowledge and agree that the failure of the Company or any the Website Content Providers or affiliates, or any of either’s assignees or successors, to enforce any of the specific provi¬sions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforce¬ment of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
- 28. Affirmation Of Agreement; Acknowledge You Have Read This Entire Agreement.
- By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by any use of Your credit card for payment of charges for any fee-based Services provided by the Company and each time You access any restricted part of the Website.
- 29. No Authorization To Access Or Otherwise Acquire Content Or Use The Website Or Services Provided By The Company Without Full Agreement.
- You acknowledge and agree that unless You expressly agree with all the terms of this Agreement, You will not be authorized to access the Company’s or the Company’s agent’s computers or servers to download or otherwise use the Website, to acquire access to the “adults only” portions of the Website, to use any Services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Website, any Website affiliates or any Website Content Providers.
- 30. Foreign Use and Export.
- Access to the Website and all Services Provided by the Company is controlled and offered by the Company from the United States of America. The Company makes no representations that either the Website, the Content or any Services provided by the Company are available or appropriate for use in any other locations. You acknowledge and agree that all access to the Website and/or Content, and all use of Services provided by the Company by persons outside the United States is at such persons’ their own volition and such persons are fully and exclusively responsible for compliance with all local laws relating to the Website, the Content, Services provided by the Company and Your use of any or all of the preceding.
- 31. Mutually Drafted; Negotiation Option; Paragraph Headings.
- For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing your assent and agreement, please Contact Us. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to your full agreement hereto. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
For Use Of The Raven-Porn-Reviews.com™ User-Generated Content Publishing Service
PLEASE READ THESE THIS AGREEMENT CAREFULLY. THE FOLLOWING COMPRISES A LEGALLY BINDING AGREEMENT WITH ENFORCEABLE OBLIGATIONS.
BY CLICKING "I AGREE" AT THE END OF THIS DOCUMENT OR USING THE Raven-Porn-Reviews.com™ WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER ENTITY YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO DO SO AND BIND THE ENTITY TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT.
The parties to this agreement (“Publishing Agreement”) are you, an individual, or, if you are acting on behalf of a company or other legal entity, that entity (hereinafter “You” or “User”, and grammatical variations thereof), and LinkSeen, LLC, a Wyoming Limited Liability Company (hereinafter variously “Us”, “Company” or “Raven-Porn-Reviews.com” and grammatical variations thereof).
The Company operates a website accessible at www.Raven-Porn-Reviews.com (“Website”) at and through which the Company provides services that enable parties ("Publishers") that own appropriate rights in and to photographic works, videographic works, audiovideographic works and/or textual works, such as reviews and commentaries (“ User Content”) to upload, manage, distribute and publish such User Content though the use of one or more of the Company’s online publication services directly to end users of the Company’s Raven-Porn-Reviews.com™ website anywhere the Company enables such content to be accessed (“User Content Publishing Services”).
By accessing or using any User Content Publishing Services, You hereby expressly agree to be bound by all of the following:
- All the terms and conditions set forth in this Publishing Agreement including limitations from where You may access the Website (“PROHIBITED AREAS”);
- All the terms and conditions set forth in Our Privacy Policy, incorporated herein by reference;
- All the terms and conditions set forth in Our Website Terms of Use and User Agreement, incorporated herein by reference; and
- All the terms and conditions set forth in all other notices to Users of the Website and/or Services posted on the Website by the Company.
You hereby acknowledge that You must first agree to all the terms of this Publishing Agreement as a condition to use any of the User Content Publishing Services. This means that You may not upload any User Content to the Website or otherwise use the User Content Publishing Services unless and until You agree to all the terms and conditions set forth in this Publishing Agreement. This also means that if You do not fully agree to all the terms of this Publishing Agreement You are expressly NOT AUTHORIZED to use any of the User Content Publishing Services. Therefore, if You do not agree to the terms of this Publishing Agreement, any use of the User Content Publishing Services will comprise unauthorized use and unauthorized access of our computers and databases in violation of law (See Paragraph 5 below). You also agree that any such unauthorized use of User Content Publishing Services will also comprise a breach of this contract, trespass to chattels and violation of other Company rights. If You are acting on behalf of a business, You represent and warrant that You have the authority to bind that business and its acceptance of this Publishing Agreement in full and will personally indemnify the Company for any breach of this warranty.
YOU HEREBY ACKNOWLEDGE THAT UPLOADING ANY CONTENT TO THE WEBSITE BY YOU OR AT YOUR DIRECTION SHALL EXPRESSLY SIGNIFY THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT
- 1. Parties To This Publishing Agreement And Consideration.
- The parties to this Publishing Agreement are You and LinkSeen, LLC. By Your further accessing the Website or any Services available at or in association with the Website, including the User Content Publishing Services, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, shall bind You to all the terms and conditions set forth in this Publishing Agreement.
- 2. Age-Restricted Use Of User Content Publishing Services.
- No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly upload any User Content or any other materials to the Website or otherwise use any of the User Content Publishing Services or other services offered by the Company.
- 3. Agreement Not To Upload User Content To The Website From Prohibited Areas.
- As a material condition to the granting of the license to You to use the User Content Publishing Services set forth in Paragraph 7 below, You agree and warrant that You shall at no time upload any User Content to the Website, or cause or enable any other person to do so, from any parts thereof in geographic locations that are identified by the Company as “PROHIBITED AREAS” from which the Company refuses to grant authorized access to its servers and databases. All of the following areas constitute such “PROHIBITED AREAS” from which the Website You may not upload any User Content to the Website
- 3.1 Prohibited Access Areas In The United States.
- All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
- Alabama: zip code prefix 366
- Arkansas: all zip codes
- Florida: zip code prefixes 323 & 325
- Kentucky: all zip codes
- Minnesota: zip code prefixes 557 & 558
- Mississippi: all zip codes
- Montana: zip code prefix 591
- Nebraska: zip code prefixes 681 & 685
- New York: zip code prefix 103
- N. Carolina: zip code prefix 282
- Ohio: zip code prefix 452
- Oklahoma: all zip codes
- Pennsylvania: all zip codes
- Tennessee: all zip codes
- Texas: all zip codes
- Utah: all zip codes
- Virginia: zip code prefix 223
- 3.2 Other Prohibited Access Areas.
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- 3.2.1 All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran) Islamic law; and
- 3.2.2 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as Content provided by the Company or by Company-Third-Party Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
- 4. Affirmation That You Are An Adult And You Are Not In A PROHIBITED AREAS.
- YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A PROHIBITED AREAS AND YOU WILL NOT UPLOAD ANY CONTENT TO THE WEBSITE FROM ANY PROHIBITED AREAS.
- 5. Consequences Of Fraudulent Age Or Location Representation.
- You hereby acknowledge that You understand, and that You hereby agree, that any use of any of the User Content Publishing Services by a minor or by any person located in a PROHIBITED AREAS constitutes the unauthorized accessing of the Company’s computers and databases in excess of the authorization granted by the Company, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and such unauthorized access would also constitute trespass to chattels and Your breach of this Publishing Agreement. You further acknowledge that You understand that any such unauthorized access of the Website on the Company’s computers could subject You to potential criminal prosecution and substantial civil liability.
- 6. Grant Of Limited License.
- In consideration of Your acknowledgements, representations, warranties and promises set forth in this Publishing Agreement, including Your affirmation that You are an adult and You will not upload any User Content to the Website from a PROHIBITED AREAS, and subject to the terms of this Publishing Agreement, the Company hereby grants You a limited and revocable single user license to access its computer servers to upload User Content to the Website to enable Your publication of such User Content via the User Content Publishing Services.
- 7. Termination of Your License To Use User Content Publishing Services.
- You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your use of the User Content Publishing Services and Your use of any or all other parts of the Website, at any time, with or without notice, for any reason, including, without limitation, breach of this Publisher Agreement or any other agreement with the Company. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, and any infringement of any person or entity’s rights, including their intellectual property rights, such as their copyrights, shall be grounds for termination of Your use of the User Content Publishing Services and termination of authorized access to all or parts of the Website. You hereby acknowledge and agree that any activity by or in association with You that the Company considers to be potentially illegal may be referred to appropriate law enforcement agencies and You agree that You will not bring any claim of any kind against the Company for doing so.
- 8. Acknowledgement That You Have Read And Understand The Copyright Policy, Infringement Notification, Take Down and Restoration Procedures.
- You hereby acknowledge that You have read the Company’s Copyright Policy, Infringement Notification, Take Down and Restoration Procedures page. You hereby agree to be bound by all terms of the aforesaid policy and understand that if You repeatedly post User Content that is alleged to be infringing that You may, at the Company’s discretion, be barred from using the User Content Publishing Service, other services provided by the Company and authorized access to the Website.
- 9. Important Access And Use Restrictions Regarding The User Content Publishing Services.
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- 9.1 Use In Accordance With Company Terms.
- You acknowledge and agree that You may only use the User Content Publishing Services in accordance with the terms, conditions and other restrictions set forth in this Publishing Agreement and such other terms, conditions and restrictions that are set forth on the Website or otherwise associated with the User Content or the User Content Publishing Services.
- 9.2 Use Subject To Revision Or Modification Of This Publishing Agreement.
- You also agree that Your use of the User Content Publishing Services shall at all times be subject to all revisions and modifications of this Publishing Agreement posted on the Website and that it shall be Your sole obligation to check for modifications and revisions to this Publishing Agreement.
- 9.3 No Unlawful Or Infringing Use Of The User Content Publishing Services.
- You agree that You will not use the User Content Publishing Services in any manner that violates any law or regulation or infringes or violates any right, including, without limitation, any intellectual property or other property right, or any privacy right of any person or entity. Without limiting the forgoing, You agree that all of the following are prohibited uses of the User Content Publishing Services:
- 9.3.1 You shall not use the User Content Publishing Services to duplicate, perform, distribute, create derivative works of, or otherwise use any User Content or any other materials for which You do not own all necessary and appropriate rights to do so. You acknowledge that any and all unauthorized uses of the User Content Publishing Services Website or User Content associated with the Website may constitute copyright infringement and infringement of other intellectual property rights, and may subject You to other serious civil and criminal liability.
- 9.3.2 You shall not use the User Content Publishing Services or any other services provided by the Company or its affiliates in any manner that infringes any copyright, trademark, trade secret, misappropriates any person’s rights in their name, likeness, voice or other rights of publicity.
- 9.3.5 You agree not to misrepresent the ownership, source or character of any User Content or any other materials or information You provide to Company.
- 9.3.4 You agree not to use any false or deceptive trade practices, unauthorized or unsolicited advertising, or any unpermissioned transmission of e-mail in association with Your use of the User Content Publishing Services or any other services provided by the Company. You further agree not to use the User Content Publishing Services or any other services provided by the Company in any manner to harvest or collect information from any person or entity.
- 9.3.5 You agree You will not access, otherwise use or attempt to access or otherwise use any service provided by the Company, including the User Content Publishing Services, or any parts thereof, in any manner that bypasses any restrictive measures the Company implements to prevent or restrict access to such services or any parts thereof.
- 9.3.6 You agree not to engage in any activity or any use of the User Content Publishing Services or any other services provided by the Company that interferes, in any manner, with the functioning of the User Content Publishing Services, the Website or any other service or products provided by the Company, or that places, or results in, an unreasonable or disproportionately large load being placed on the Company’s servers or other resources. You also agree not to engage in any activity that interferes with any other User’s use or enjoyment of the Website, any materials available in, at, on or in association with, the Website, or any service provided by the Company on, in, at or through the Website, including, without limitation the User Content Publishing Services.
- 9.3.7 You agree not to remove or attempt to remove any notices or labels (including any copyright or trademark notices or any federal compliance statements) associated with, or incorporated into, any User Content or any other content displayed, posted or provided to the Website by any means, including, without limitation, the use of the User Content Publishing Services or any other service provided by the Company.
- 9.3.8 You agree not to use any automated means to use the User Content Publishing Services or otherwise upload any User Content or any other materials, information or computer code to any part of the Website.
- 9.3.9 You agree that You will not create any hyperlinks to any password-protected parts of the Website or any materials in, on, at or associated with the Website in, on or otherwise associated with the Website unless You are authorized by the Company to do so.
- 9.3.10 You acknowledge and agree that You may only use the User Content Publishing Services and other services provided by the Company as intended by the Company and that all other uses by You, directly or indirectly, are strictly prohibited.
- 9.4 Other Duties, Obligations, Rules, Conditions And Warranties Regarding Your Use Of User Content Publishing Services.
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- 9.4.1 You shall, at all times, be solely responsible for any and all User Content and other digitized materials and files You upload to the Company’s servers. Subject to the terms of this agreement, including the grant of rights by You to the Company regarding the User Content set forth in Paragaphs 9.4.7 and 9.4.8 below, You and the Company shall at all times each party retain any and all pre-existing right, title and interest in and to its property, including its intellectual property, including, without limitation, any and all copyrights, trademarks and trade secrets, including all such property embodied or incorporated into the Website or the services provided by the Company. You and the Company expressly acknowledge and agree that You shall continue to own Your rights in and to the User Content subject to the grant of rights set forth in Paragraphs 9.4.7 and 9.4.8 and that this Publishing Agreement shall not be construed to otherwise transfer any rights regarding the User Content to the Company or transfer in law or in equity, directly, indirectly, by estopple, implication or otherwise, any rights of ownership or other rights to You regarding the Website, the Company’s User Content Publishing Services, any other service or product created or used in any manner by the Company or any other Website user’s content.
- 9.4.2 You agree and warrant that all User Content, including, without limitation, all digitized photographs, videos, audiovisual materials, text and other digital files that You upload or otherwise publish in, on, at, through, or in association with, the Website or any service provided by the Company, including, without limitation the User Content Publishing Services, shall at all times be fully compliant with this Publishing Agreement and all other relevant instructions and notices published by the Company relating thereto.
- 9.4.3 You agree and warrant that all User Content uploaded to or otherwise published on or in association with the Website, including through the use of the User Content Publishing Services, shall be fully compliant with all laws and regulations, including, without limitation, 18 U.S.C. §2257 and §2257A, and 28 CFR 75 (“The 2257 Regulations”). You expressly agree that each item of User Content You publish using the User Content Publishing Services that is subject to 18 U.S.C. §2257 or 18 U.S.C. §2257A shall have a proper and accurate compliance statement associated with the item uploaded to the Website or otherwise transmitted to the Company as required by The 2257 Regulations and that You shall simultaneously provide to the Company a copy of proper identification documents and other information associated with the item as appropriate to enable Company to update its record-keeping system(s) as required by the record-keeping provisions of The 2257 Regulations. You further expressly warrant that all persons depicted in User Content were adults over the age of 18 years at the time the subject materials were created.
- 9.4.4 You agree that all User Content provided for publication using the User Content Publishing Services, or by any other service provided by the Company, shall not violate any person’s or entity’s rights, including any copyrights, trademark rights, rights associated with any person’s name, likeness, voice or persona, any trade secret rights, patent rights or any other intellectual property rights or privacy rights if User Content is published in, on, at, through, or otherwise associated with the Website, or otherwise used as contemplated by this Publishing Agreement. You expressly agree that You will not upload any User Content or otherwise use any User Content in association with the User Content Publishing Services, or any other service provided by the Company that includes any trademarks or brands unless You have written permission to publish User Content through such service(s) from the owners of rights in such trademarks and brands with such trademarks and brands included.
- 9.4.5 You expressly represent and warrant that You own or You have all the necessary licenses, rights, consents, and permissions to upload User Content to, and publish User Content through the User Content Publishing Services on, through and in association with the Website, including, without limitation, all necessary copyrights, trademark rights, rights of name, likeness and publicity, and all other proprietary rights in and to User Content required to lawfully and rightfully upload User Content to, and publish User Content in, on, at, though, or associate it with, the Website in any manner made available to You via the Website by the Company contemplated by this Publishing Agreement. You further expressly warrant that You have, or will have at the time of publication of the subject item of User Content, all the necessary rights to grant the licenses set forth in subparagraphs 9.4.7 and 9.4.8 below
- 9.4.6 You shall be solely responsible for all the consequences of, and solely liable for, any and all uploading of User Content to and the publishing of User Content on, the Website through the use of the User Content Publishing Services or any other service made available to You by the Company, and You agree to fully indemnify the Company, its officers, directors, shareholders and agents for each breach of warranty regarding User Content and the reproduction, publication, creations of derivative works of, and other uses of User Content on, or in association with, the Website.
- 9.4.7 By uploading User Content to the Website through the use of the User Content Publishing Services or by otherwise providing User Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant right of rights to the Company and its successors in the form of an irrevocable and perpetual worldwide, non-exclusive, royalty-free, sublicensable and transferable license for the Company to reproduce, distribute, display, publish, perform and transmit User Content on, in, at, through or in association with, the Website, by any means and in any format now known or hereinafter invented. Such license shall include the right to format User Content for use via the Website. You hereby waive any and rights of attribution and all other moral rights in and to User Content that You upload to the Website or otherwise submit or provide to the Company for publication on, in, at, through or otherwise in association with the Website.
- 9.4.8 By uploading User Content to the Website through the use of User Content Publishing Services or by otherwise providing User Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant of rights to each user of the Website and to each recipient of services from the Company in the form of a non-exclusive irrevocable and perpetual worldwide license to access and use User Content in, at, on, through and in association with, the Website, and via any and all Services provided to Users by the Company.
- 9.4.9 If You would like any of the User Content to be removed from the Website please provide the Company or its designated agent with a User Content Removal Request Form. The Company will use commercially reasonable efforts to remove identified User Content subject to a properly completed User Content Removal Request received by the Company or its designated agent within three business days after receipt, but, You acknowledge and agree that the Company shall have no liability for failure to remove such User Content for any reason. You acknowledge and expressly agree that the Company and its agents have limited practical ability to police, monitor, control, limit or prevent actual or possible infringement of User Content or any other intellectual property rights by other parties and that the Company and its successors and assigns, as well as its agents assume no responsibility for any such policing, monitoring, control, limitation or prevention of infringement of any such intellectual property rights and shall have no liability for any such actual or possible infringement whatsoever. The Company shall at no time have any responsibility, duty or obligation to, in any manner, enforce any of Your intellectual property rights or the intellectual property rights of any other user of any service provided by the Company. Further, unless obligated by United States law to do so, the Company shall at no time have any obligation or duty to take any action, including, without limitation, file any lawsuit or inform any governmental authority regarding any infringement of any of Your’s or any other person’s or entity’s rights of any kind.
- 9.4.10 You agree not to upload to the Company’s server(s) or otherwise use in relation to the User Content Publishing Services, any User Content or other materials of any kind that contains any malicious or damaging code or software, any viruses or any other devices that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any computer, server, digital storage device, or database owned or controlled by the Company, any User, or any other party.
- 9.4.11 You agree not to directly or indirectly engage in any activity in association with Your use of the User Content Publishing Services Website or any other service provided by the Company that impersonates, or falsely indicates an affiliation with, any person or entity, or any trademarks or brand, including, without limitation, any false affiliation with the Company or any employee or agent of the Company.
- 9.4.12 You agree not to use the User Content Publishing Services, the Website, any User Content or any other service provided by the Company to advertise, promote, market or make or publish any offer to buy or sell, or otherwise engage in any transaction relating to any controlled substances, illegal products or prohibited activities, including, without limitation, any pharmaceutical products, tobacco products, alcoholic products, firearms, explosives, weapons, online gambling, prostitution, counterfeit or stolen articles, registered or unregistered securities or any other products or activities that could cause the Company or any User to directly or indirectly be implicated in the violation of any law or regulation.
- 9.4.13 You expressly acknowledge and agree that the Company does not endorse, warrant, guarantee, support or promote any User Content and shall, at no time, have any obligation to monitor Your use of the User Content Publishing Services or any User Content that has been uploaded to the Website or otherwise provided to the Company for publication on, in, at or in association with, the Website or Services. Notwithstanding the foregoing, the Company and its agents shall at all times reserve the right to remove or block any and all materials in, on, or associated with the Website, including, without limitation, User Content, without notice to You or to any other person. You hereby expressly promise and warrant that You shall not bring any claim of any kind against the Company or any of its agents for, or arising from, the blocking of access to any User Content or other materials You may submit to the Website for publication, or for any removal thereof from the Website.
- 9.4.14 You hereby acknowledge that the Company may provide to You, in association with Your use of the User Content Publishing Service, options regarding the management, presentation, modification, distribution, and authorized access to User Content in whole or in part. You hereby acknowledge and agree that (1) the Company may at any time at its discretion, add, remove or modify any and all such features, (2) the providing of such features shall not be construed as providing any control to the Company over the content of the User Content and (3) regarding any use of such options by You, Your last selection transmitted to the Company’s server or other computer system effectuating such options shall be deemed to be Your choice and shall conclusively and indisputably be the choice, if there is any question of what Your choice was for the purposes of resolution of any dispute or any action by any governmental agency.
- 9.4.15 Additional Warranties By You.
- 9.4.15.1 Warranty By Corporation Or Other Entity.
- If You are a corporation, limited liability company, trust, partnership, sole proprietorship, governmental entity, or other non-human legal entity, You expressly represent and warrant that at the time of Your acceptance and agreement to all the terms of this Publishing Agreement and at all subsequent times: (i) You are duly organized and validly existing and in good standing under the laws of the governmental entity to which Your entity is subject; (ii) You have full corporate or other legal power and authority to enter into this Publishing Agreement and to perform all the duties and obligations set forth herein; (iii) the person accepting this Agreement on behalf of You is duly authorized to execute and deliver this Publishing Agreement on behalf of You; (iv) all the terms, conditions, obligations, warranties, and other provisions of this Publishing Agreement are valid, legal, binding and enforceable in accordance with their terms and fair; and (v) neither Your execution, delivery nor performance of this Publishing Agreement conflicts with any obligation, agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.
- 9.4.15.2 You Warrant That Your Use Of User Content Publishing Service Will Not Be Infringing or Unlawful Use.
- You represent and warrant that You either own or otherwise possess, or have incontestably obtained all the rights, licenses, permissions, and consent as are required and necessary to perform Your obligations hereunder without violating any rights of any person or entity or violate any law, regulation, rule or custom in any jurisdiction into which the User Content may reasonably be available in, at, through or in association with, the Website, through the use of the User Content Publishing Service, any other service provided by the Company or otherwise. You further represent and warrant that You have paid all expenses, fees, taxes, licenses and other payments, including music rights organizations fees, required to be paid to all third parties in relation to the publishing, performance, distribution and other use of User Content in, on, through and in association with the Website, through the use of the User Content Publishing Services or otherwise. You expressly warrant that Your use of the User Content Publishing Services or any other service provided by the Company shall at no time result in any obligation of or to the Company to pay any person or entity on Your behalf or otherwise due to the publication of User Content on, in, at or in association with the Website directly or indirectly resulting from Your use of the User Content Publishing Services or any other service provided to You or Your agent(s) by the Company or the Company’s agents.
- 9.4.15.3 Your Additional Representations And Warranties About The User Content.
- You specifically represent and warrant that all User Content and all other information and other materials You make available to others via the Website in any manner, including through the use of the User Content Publishing Services or any other service provided by the Company or its agents, does not, and shall not, infringe or misappropriate any rights of any person or entity, constitute child pornography or otherwise be in violation of any law, rule, regulation, or custom any jurisdiction into which the User Content may reasonably be available in, at, through or in association with, the Website.
- 10. Indemnification For Unauthorized Use Of User Content, Website Or Other Proprietary Materials.
- You agree to be personally liable for ANY AND ALL breaches of any provision of this Publishing Agreement, including any breach of warranty made by You. You also agree to fully indemnify the Company and the Company’s directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any and all breaches of this Publishing Agreement by You, including, without limitation, all direct and consequential damages directly or indirectly resulting from such breaches, including, without limitation, attorney’s fees and all litigation, dispute resolution and criminal defense costs, regardless of the type of cost or claim, including, without limitation, all damages, fees, expenses and costs resulting from claims of copyright infringement, trademark infringement, patent infringement, misappropriation of name, likeness, voice or persona, claims of violation of other property rights, claims of violation of privacy rights, claims of breaches of contract and allegations of violations of civil or criminal law under the jurisdiction of any country in which the Website might reasonably be transmitted, available, accessed or received.
- 11. You Are Solely Responsible For All User Content And Other Materials You Make Available To Others Through Your Use Of The User Content Publishing System Or Other Use Of The Website.
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- 11.1 You acknowledge and agree that You shall at all times be solely responsible for the content of the User Content, messages and all other materials You upload to, or otherwise make available to others via the Website by any means, including, without limitation through the use of the User Content Publishing Services. Your responsibility shall not terminate, and shall continue, even if a claim should arise relating thereto after termination of service.
- 11.2 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
- 11.3 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
- 11.4 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Website Code of Conduct or any applicable content guidelines adopted from time to time by the Company.
- 12. No Representation, Guarantee Or Warranty That The User Content Publishing Services Are Free Of Harmful Or Malicious Code.
- You understand that the Company does not represent, guarantee or warrant that either the any files You may access in association with the use of the User Content Publishing Services, or otherwise available at, in or through the Website, any Website linked to Website or any affiliated website, will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties (“Harmful Code”). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company nor its affiliates assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the User Content Publishing Services, the Website or any content or other materials You may obtain in direct or indirect association therewith.
- 13. Disclaimers; No Warranties; Your Use Of The User Content Publishing Services Is At Your Own Risk.
- You hereby agree that the use of the User Content Publishing Services is provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and that the Company expressly disclaims all such warranties. The Company does not warrant that the functions of the User Content Publishing Services will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company’s suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of materials in, on, at or associated with the Website or any use of the Website whatsoever, including, without limitation, any use of the User Content Publishing Services. This disclaimer of warranty constitutes an essential part of this Publishing Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Publishing Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Publishing Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Publishing Agreement shall be construed to be as broad as is permissible under applicable law.
- 14. Limit Of Company’s Liability.
- Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the User Content Publishing Services, You agree that any and all liability that might be attributable to the Company, its officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the User Content Publishing Services, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for accessing any fee-based Services provided by the Company or (2) fifty dollars ($50.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Publishing Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Publishing Agreement shall be construed to be as broad as is permissible under applicable law.
- 15. Waiver of Section 1542.
- With respect to the releases of liability set forth in this Publishing Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise
understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Publishing Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
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.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Publishing Agreement, in any way.
- 16. Cooperation With Law Enforcement.
- The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any User Content available through or in association with Website. By entering into this Publishing Agreement or by using the User Content Publishing Services, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority’s investigations.
- 17. Notices To Company Or User Notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website.
- Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Publishing Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent by the contact form provided on this site.
- 18. Intellectual Property Policy And Alleged Copyright Infringement Notification Procedure.
- It is the policy of Raven-Porn-Reviews.com™ to respect and support the intellectual property rights of Content providers. Please review our Copyright Policy, Infringement Notification, Take Down and Restoration Procedures which is incorporated herein by reference.
- 19. Entire Agreement.
- This Publishing Agreement, including other agreements incorporated by reference, contains the entire agreement between You and the Company regarding Your access to, and use of, the User Content Publishing Services. This Publishing Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Publishing Agreement may be amended at any time by the Company by updating the online version of this Publishing Agreement on the Raven-Porn-Reviews.com™ Website.
- 20. Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction.
- You agree that this Publishing Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any content, materials or services provided by any Website Content Providers or affiliates and/or this Publishing Agreement, shall all be governed by and construed under the laws of the State of California and the United States, as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- 20.1 Choice of Law.
- You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Publishing Agreement and all matters or controversies of any kind arising out of, or related to this Publishing Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of California.
- 20.2 Arbitration.
- Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Publishing Agreement which are not first resolved informally, shall be determined by confidential binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company’s sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in Los Angeles, California or (2) a panel of three (3) new arbitrators. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
- 20.3 Venue.
- You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Publishing Agreement shall be Los Angeles, California.
- 20.4 Jurisdiction.
- You and Company agree that in case of any litigation regarding this Publishing Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
- 20.5 Time Limitation.
- You and We expressly agree that any cause of action arising out of or otherwise related to this Publishing Agreement must commence within one (1) year after the cause of action accrues.
- 21. Unenforceability Of Provisions.
- You and Company agree that if any provision of this Publishing Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Publishing Agreement shall remain in full force and effect (i.e., if any part of this Publishing Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
- 22. Non-Waiver.
- You acknowledge and agree that the failure of the Company, its successors or assignees to enforce any of the specific provisions of this Publishing Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
- 23. Affirmation Of Publishing Agreement; Acknowledge You Have Read This Entire Publishing Agreement.
- By clicking on a link intended to signify Your agreement to this Publishing Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining materials in, on, at or associated with the Website from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Publishing Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Publishing Agreement is reaffirmed by any use of Your credit card for payment of charges for any fee-based Services provided by the Company and each time You access any restricted part of the Website.
- 24. Mutually Drafted; Negotiation Option; Paragraph Headings.
- For purposes of construction and interpretation of this Publishing Agreement, both You and the Company shall be deemed to have mutually drafted this Publishing Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Publishing Agreement before providing Your assent and agreement, please contact LinkSeen, LLC at 2510 Warren Ave., STE 3439, Cheyenne, WY 82001. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Publishing Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Publishing Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Publishing Agreement or You expressly and knowingly have opted not to seek legal counsel prior to Your full agreement hereto. Paragraph and subparagraph headings of this Publishing Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof
PRIVACY POLICY
Effective Date:
12/6/09
Your privacy is very important to LinkSeen™, LLC. The following Privacy Policy explains how we collect, use and safeguard the information you provide to us through the Raven-Porn-Reviews.com™ web site and its related features and functions.
LinkSeen™, LLC (“Company” or “we”), the licensor and operator of Raven Porn Reviews™, its web site at Raven-Porn-Reviews.com™, and associated computer functions (hereafter the “Site”), is committed to respecting and safeguarding your privacy online, as set forth in this Privacy Policy. This Privacy Policy sets forth the policies and practices of the Company with respect to information and other data that is received or gathered regarding visitors to, and members, subscribers and other users of, the Site and services provided by or related to the Site. The use of the terms “visitor”, “member”, “subscriber” and “Site user” shall, depending on your status shall mean and otherwise refer to you. The term “Third Party Program Participants” shall mean merchants, advertisers, promoters, content providers and others that the Company contracts with to provide goods and services via programs and Offers (as that term is defined below) available to Site users.
THIS DOCUMENT CONTAINS FOURTEEN (14) NUMBERED PARAGRAPHS.
BEFORE YOU BEGIN OR CONTINUE TO USE THE SITE , OR ANY SERVICES OR FUNCTIONALITY PROVIDED BY OR THROUGH THE SITE, PLEASE CAREFULLY READ THIS PRIVACY POLICY. THIS PRIVACY POLICY CONTAINS IMPORTANT INFORMATION. IT IS ALSO VERY IMPORTANT THAT YOU FULLY UNDERSTAND OUR POLICY BECAUSE BY YOUR USE OR CONTINUED USE OF THIS SITE OR ANY OF ITS RELATED SERVICES YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO THIS POLICY IN ITS ENTIRETY AND THAT YOU AGREE TO THE COLLECTION AND USE OF INFORMATION THAT YOU SUPPLY OR THAT IS COLLECTED ABOUT YOU, INCLUDING PERSONAL INFORMATION, AS DETAILED IN THIS POLICY STATEMENT.
ONLY ADULTS ARE AUTHORIZED TO USE THIS SITE. AUTHORIZED ACCESS AND USE OF THE SITE, ITS DATABASES AND FUNCTIONALITY IS LIMITED TO PERSONS OVER THE AGE OF EIGHTEEN YEARS, AND SUCH ACCESS AND USE IS LIMITED BY OUR TERMS AND CONDITIONS THE COMPANY DOES NOT KNOWINGLY SEEK OR COLLECT ANY PERSONAL INFORMATION OR OTHER DATA FROM ANY PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
IF YOU DO NOT UNDERSTAND OR DO NOT EXPRESSLY AGREE WITH ALL OF THE TERMS OF THIS PRIVACY POLICY AND OUR TERMS AND CONDITIONS YOU SHOULD NOT USE THIS SITE OR THE SERVICES OFFERED OR OTHERWISE PROVIDED BY OR THROUGH THIS SITE.
1. Information Security.
The Company is dedicated to the protection of Site users’ information. To prevent unauthorized access to information provided to us, the Company uses a number of generally accepted industry standard procedures designed to effectively safeguard the confidentiality of your personal information. These procedures include secure server location, controlled access to data and equipment, robust redundant firewall software, network monitoring, adaptive analysis of network traffic to track and prevent attempted network intrusions and other network abuse and appropriate employee training in the area of data security. We shall continue to take reasonable steps to provide effective data protection at all times, however, because no security technology can provide invulnerability to information compromise, the Company cannot, and does not, guarantee the security of any information that you transmit to us or to any third party affiliated with the Site.
2. Visitor, Subscriber, Member and User Information.
When you visit or use this Site, including, for example, when you click on any of our links, we will collect and store in one or more of our databases, one or more of the following types of information (“Data”): your IP address (the domain name or other locator indicating your access to Internet); the IP address of the Website from which you linked to our site operating system; browser data; email address data; the date and time you access our Site and its functions, and any other accessible online user, biometric or device information. We will often collect Data at several points throughout the Site, its links and through related functionality.
We use Data to measure the number of visitors to the different sections of our Site, to help us make our site more useful to visitors, to measure the amount of traffic generated through our affiliate network, to generate usage statistics, to ensure email reaches intended destinations, to generate special offers and advertisements which we may present to you, to provide our marketing partners, affiliates, licensees, purchasers and successors in interest with accurate Data and to prevent fraud.
Sometimes, we will ask you to provide, on a strictly optional basis, “Optional Information,” such as your name, username, address, zip code, telephone number, credit card data, or other personal information., such as other identifiers that permits physical or online contacting of you. For example, such information may be requested, on an optional basis, for participation in special promotions or other Offers (See Paragraph 7 below).
The only personally-identifying information we collect and store about you is the information you, voluntarily choose to provide to us, such as your name, e-mail address, address, zip code, telephone number, etc., in response to a specific prompt that requires you to initially enter the information. In addition, we, our agents, affiliates, Third Party Program Participants and others may ask you to voluntarily provide additional personal information for billing, shipping and other similar purposes.
When a visitor, member, subscriber, or other Site user, requests web pages from the Site’s server, clicks on banners or other links or otherwise uses the Site’s services or other functionalities, we or our agents may automatically collect some information or data about the user and the user’s Site use, including the IP address from which the Site is being accessed, the pages or links that were requested, the special preferences or requests of the user and cookie information received from the computer of the user. You agree that all such information and other Data may be collected and used by the Site and its agents.
When any Site user signs-on as a member or subscriber of this Site or related services, that person will be required to provide certain personal as well as demographic information. Such Optional Information, may include, but is not necessarily limited to, the subscriber’s name, address, birthday, e-mail address, gender, marital status, occupation, education, credit card number and expiration date of the credit card, username and password, and special interests or affiliations. This Site, the Company and its agents, may collect any and all such Optional Information and include it in its databases with Data and other information.
If a visitor, member, subscriber or other Site user sends any personal communication or correspondence, by any means, to the Site, the Company or any of its employees, agents or representatives, we may collect, in databases and otherwise, and use, any and all such information and other Data regarding that communication, consistent with this privacy policy.
3. Cookies.
We use cookies for your convenience. For example, we use session cookies to make it easier for you to navigate and otherwise use our Site. Cookies are small pieces of data that are stored by a user's Web browser on the user's hard drive. Cookies can be used to “remember” what information a user accesses on one Web page to simplify subsequent interactions with that Web site by the same user or to use the information to streamline the user's transactions on related Web pages. This makes it easier for a user to move between and interact with Web pages and to complete commercial transactions over the Internet. The Site also uses cookies to store and sometimes track information to make your online experience easier and more personalized and for other purposes related to your use of the Site and related services. For example, because a cookie can be linked to information you have inputted or which has otherwise been collected, the need to repetitively enter certain information, such as your username or email address, can be eliminated. The use of cookies also assists us in acquiring important Site usage Data. Cookies can also assist us in tracking and targeting the interests, preferences and desires of our Site users to present the most appropriate messages, offers and other communications to our users, and to generally enhance their experience at our Site.
Currently, there are two general types of cookies commonly used in association with typical Web sites including our Site: “session” cookies and “persistent” cookies. A session or “session ID” cookie is functional only during the current “session” use of your browser, i.e., it ceases to function when you close you browser. A “persistent” cookie remains on your hard beyond the current browser session. You can remove persistent cookies by following directions provided in your Internet browser's "Help" file. We use both session cookies and persistent cookies.
Also, some Site use rewards and other benefits tied to Site usage use session cookies to track your Site usage and give you proper credit. We also use persistent cookies to track the actions of our users to enhance the experience on our site, other web sites and to more effectively communicate Offers, promotional data and other useful information to you. At the present time, we intend to also adopt and use helpful future cookie technology, and similar types of technologies, as they become available. We may implement any and all such new technologies and similar improvements to Site functionality without notice.
We may also track special offers, promotions and other advertising delivered by us, and your responses to them, by using cookies. This helps us reduce the number of offers that might not be interesting to you. We also use cookies to help us credit persons who referred or introduced you to us.
The Site may also automatically collect traffic and click-through data as well as information regarding the online behavior of subscribers and other Site users by the use of cookies or other programming means. Any and all information about Site users collected by the Company, or its agents or affiliates via the Site or otherwise, through the use of cookies or other programming means may be freely included in our databases and used in a manner consistent with this Privacy Policy.
Some of our Third Party Program Participants, advertisers, agents and others use cookies on or in association with our Site. We have no access to or control over these cookies. We may also allow third-party service providers to deliver special offers or services to Site users and to control the use of their cookies on your computer. Since such providers may set , access and otherwise control their cookies on your computer, we urge you to consult their privacy policies as they pertain to use of their cookies and the data collected from such use.
Most major Web browsers are set up so that they will initially accept cookies, but you may modify your computers preferences to issue you an alert when a cookie is downloaded, or to disable the ability of third parties to download a cookie to you. If you choose to reject cookies, or disable your computer’s ability to receive or process them, there are areas of this Site, other related web sites and related services that may not function properly. For example, you may not be able to view or interact with parts of the Site or access some of the services or offers otherwise available on the Site. Also, if you disable or reject cookies, you may not be credited for actions required for certain gifts and other benefits, and therefore may not receive such benefits.
You may obtain further information about “cookies” and how they function at: http://www.cookiecentral.com or http://www.microsoft.com/info/cookies.htm.
4. Clear GIFs (“Web Beacons”).
Clear GIFs, otherwise known as “web beacons”or “single-pixel GIFs”, are very small web page graphics that contain a unique digital identifying means. They function like cookies, in that they are often used to track and measure online actions taken by web site users. In contrast to cookies, which are stored on a user's computer hard drive, clear GIFs are embedded into the graphics, text or other components of Web pages, including pop up windows, or in other digital documents that can support them, like email messages. We may also use Web Beacons to optimize search engine functionality. Clear GIFs are nearly invisible and are often only the size of small dot, such as a period at the end of a sentence. Also, like cookies, Clear GIFs, help us and our Third Party Program Participants measure and improve Site efficiency and effectiveness. For example, we may use web beacon technology to access your personally identifiable information or compile aggregated statistics about overall Site usage. Many of our Third Party Program Participants and advertisers also employ Clear GIFs on our Site and in related sites.
5. Log Files.
The Company and Third Party Program Participants, through the functionality of the Site, related sites and related services, gather Data and other information regarding Site navigation and Site use from cookies, clear GIFs and other means and store such information in log files and other databases. This Data and similar information includes date and time recordation data, Internet protocol (IP) addresses, Internet service provider (ISP) data, referring or exit pages, your computer’s operating system and components, such as your browser type, and other data. While this information generally does not directly identify individual users, it does provide us with Data and other broad demographic information. We use this information for a number of purposes including Site usage analysis, analysis of Site navigation by users, determining and analyzing overall user preferences and user trends, Site administration, and general improvement and optimization of Site efficiency and effectiveness and user communications, including promotions to users. We may also provide third parties with some or all such information and other Data collected.
6. Use of Personal Information and Disclaimer.
We may request personal identification information from you (such as your name, street address, telephone number, credit card number, e-mail address, and/or any other identifier that permits the physical or online contacting of you) in connection with your use of, or participation in, membership registration for the Site, our contests, sweepstakes, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors' requests for free products or services or additional information (including via email to us), and in connection with other activities, services or resources we make available on any of our sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us.
If you do provide us with personal information for any of these activities, we may use it to conduct the activity and we may also use it for all other purposes set forth in this Privacy Policy, including, without limitation, we may use the information to verify identity, protect against fraud, update and service your account, target and personalize future Offers that we may display on or in association with the Site and in our communications with you. We will use your physical mailing address for fulfilling Offers you have accepted, to improve our ability to provide you with more accurate and appropriate marketing and for other communications with our Company.
If you provide the Company with Optional Information, we may also use such personal identification information for internal or external marketing and promotional purposes. For example, we may send you e-mails to introduce a product or service that we think might be of interest to the users of our Site. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. If you do "opt-in," you may choose to "opt-out" at any time, even after you have provided personal information, by following the procedures set forth in this Privacy Policy. Please note, however, that under certain circumstances, if you initially do not choose to "opt-in," or if you later "opt-out," you may not be eligible for certain benefits for which a name, e-mail address, telephone number or other personal identification information may be required.
We will release any and all specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Site, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change.
Further, the information you enter when making a purchase or an online donation will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions.
Please note that if you give out personal information online, for example, by including such information in story or other submissions, posting, or on one of our public forums such as a message board or chat room, folder, chat IM feature, all such information can be collected and used by third parties. The Company shall have no obligation to guarantee the security of such information provided by you as set forth above. All such disclosures of such information is at your own risk.
By your use or continued use of the Site and/or its services, you expressly agree that the Company, via the Site and otherwise may use any and all Data, Optional Information and all other information that it or its agents gather or collect directly or indirectly pertaining to you, including, without limitation, any personal information that has been provided by you, your computer or other device, or information provided by a third party, for any and all technical, administrative, research, development, customer assistance, age verification, marketing, promotion and advertising uses, for the transmission of communications of every kind, including, without limitation, email communications of every kind, for the sending of products, for fulfillment purposes, and for compliance with any and all terms and conditions. Furthermore, you agree that the Company may share, disclose, lease, license, sell and otherwise provide any and all of such information, including personal information to its affiliates, agents, assigns, successors in interest, licensees, clients, customers, Third Party Program Participants and other third parties who have been authorized or permitted to use the information by the Company, its successors, assigns and licensees.
By your use or continued use of the Site and/or its services, you agree that the Company is not responsible or liable for the use of any information that you or any other visitor, member, subscriber or other Site user may provide to any other person or entity, or that is gathered by any third-party, including, without limitation, any Third Party Program Participant, by any means. This Site does not control, monitor or endorse the information gathering practices or Privacy Policies of any third-party, and you acknowledge that such third-parties and their web sites may, and probably do, have privacy policies that are different from this Privacy Policy. Whenever applicable, you and all other visitors, members, subscribers and other Site users are strongly advised to read the Privacy Policy of any and all third-party web site providers that have one or more advertising banners, or links on the Site, or on the web site of any Third Party Program Provider, and of any entity that provides goods or services at, through or in direct or indirect association with the Site.
All Members, visitors and Users of this Site should consider any information provided to or collected by the Site as non-confidential, and consequently the Site assumes no liability or responsibility if any information relating to any Member, visitor or User is intercepted and/or used by an unintended recipient.
7. Offers, Special Promotions, Opinion Polls, Surveys, Contests, Special Events and Service Alert Emails.
There may be occasions when a visitor, subscriber, member or other Site user will be presented with special offers either from the operators of the Site, their agents, affiliates or from other third-party offerors, that may include the presentation of one or more options for a Site user to consent to receive e-mail solicitations, communications, newsletters or commercial advertising, or to participate in other promotions or special events, including without limitation, contests, opinion polls or surveys (collectively referred to as “Offers”). Offers might be made by the Company, its agents, affiliates, Third Party Program Participants or other third-parties making such Offers. Site users may be asked to provide certain information in order to participate in such Offers. Information requested may include, without limitation, contact information (such as name and address) and demographic information (such as zip code, area code, age level, occupation, etc.). Participation in such special events and special offers is completely voluntary and Site users may elect whether or not to provide the requested information. Information collected will be used for the purposes of winner notification, prize awarding, monitoring and improving Site usage and user satisfaction, providing additional relevant offers, promotions and other communications to Site users via electronic mail and other means, and other purposes consistent with this Privacy Policy.
“OPT-IN” Acceptance of Offers. Some Offers may be presented to you with the option to express your preference by either clicking or entering “accept” (or alternatively, for example, “yes”) or “decline” (alternatively “no”) or “consent” or by indicating your preference regarding participation or non-participation by some other recordable means. By selecting accept, yes, consent, or some other affirmation of participation, you shall be deemed to agree that such action(s) shall constitute an “OPT-IN” to the Offer related to the action and that the you thereby agree and assent that your personal information, Data, Optional Information and other information in the Site's databases may be disclosed to the Company, the Company’s affiliates, agents, Third Party Program Participants and other third-parties offerors.
“OPT-OUT” Rejection of Offers Otherwise Accepted. Some Offers may be presented with a pre-selected preference or choice. If you do not deselect the pre-selected preference of choice (i.e. “OPT-OUT” of the Offer) then the Site may transfer your personal information to the Company, its affiliates, agents, Third Party Program Participants, and any other third party making the Offer. If you deselect the pre-selected preference (i.e., reject the Offer) then no personal information relating to the Offer in the Site's database may be disclosed to a third party offeror of that particular Offer with respect to that particular Offer. Nothing herein shall limit information collection or transfer that you have previously authorized or subsequently authorize, including, without limitation any authorization regarding the third party offeror with respect to another Offer.
The Company may also send new members, subscribers, visitors or other Site users a welcoming email and occasionally send information on products, services, and special deals from Third Party Program Participants, and other third parties. If you don't want to receive such email or other email messages from us, please follow the directions for unsubscribing or “opting-out” contained in the email message you receive from us. We reserve the right to contact you, however, with non-commercial relationship and other advisory email messages, such as communications of changes or updates to our software, changes to our Terms and Conditions, changes to Offers you have accepted, changes to programs you have elected to participate in, notice of termination of any Offer, program or service or changes to this Privacy Policy.
We may provide you with links in our email communications. These links may include one or more special tracking codes, unique to you or some other identifying feature (such as geo-location). These codes assist us in formulating, selecting and distributing content, promotions, Offers, advertisements and other communications to you which are more appropriately targeted to your likely preferences. We may share this data in aggregate form or in individual form.
The Company and/or Third Party Program Participants may offer you participation in one or more “rewards” programs in which you can earn money or other benefits for participating in such programs. The Company and/or Third Party Program Participants may provide information collected from you as a result of your participation in such program(s) to the program sponsor to assist the sponsor in delivering entitled benefits to you and for other marketing, promotional and other purposes. If you participate in any of the Company’s own reward or incentive programs, we will track your activity using your email address or other identifying means and share your email address and other identifying means with affiliated reward sponsors, if any, and any third parties involved with fulfillment of the rewards or other benefits.
The Company does not provide a process to update or modify a Site user's personally identifiable information. If you no longer desire to use one or more of our services, you must, as relevant, opt-out of our mailings, unsubscribe, cancel membership, remove Company, Third Party Program Participant and/or other third party distributed software from your computer, and/or discontinue the use of the Site and services.
8. Revocation of Consent Procedure (Revocation “Opting-Out”).
The Site also offers to you a procedure for “Opting-Out” if you subsequently choose to revoke or withdraw any consent to accept or receive Offers. To revoke or withdraw a consent to accept or receive Offers, Use Our Contact form, clearly stating that you have revoked or withdrawn consent to receive any future Offers. You may also Opt-Out or terminate subscriptions or memberships by visiting our unsubscribe/cancel memberships page at http:/Raven-Porn-Reviews.com/members/.
If you decide to cancel a subscription, membership or other Offer and later wish to re-subscribe, rejoin or recommence receiving a previously cancelled Offer, you may not always be able or entitled to do so, and you many not be entitled to receive credit towards benefits offered by the Company or a third party. We reserve the right at all times to terminate or suspend any subscription, membership, Offer, service or account at any time with or without notice.
9. Third Party Program Participants and Others.
We may send you offers on behalf of Third Party Program Participants. Acceptance of some Offers through the Site may require you to provide personal information to Third Party Program Participants. These Companies may also independently send you Offers. If you would like to opt-out or cancel any such Offers or prevent Third Party Program Participants from independently communicating with you, you will need to inform them separately pursuant to their process for doing so.
The Company shares aggregated demographic and Site navigation information, Data, Optional Information and other information with Third Party Program Participants, advertisers, analysts and others. We may also sell access to our mailing lists, including email lists, and other information to brokers and third party advertisers and we may transfer your information to such third parties. We may transfer some or all of your information to a purchaser of all or part of our Company or any successor in interest in the Company or the Site. We may also hire contractors or other third parties to perform any Company, Site or Site service function with or without notice to you. The Company and its agents may also aggregate demographic and other information about you and other Site users in databases and disclose, license or sell such information to Third Party Program Participants and other parties.
By your use or continued use of the Site or acceptance of any Offer associated with the Site, you expressly agree that this Privacy Policy, all Data, Optional Information and other information collected by the Company, its agents, affiliates, Third Party Program Participants and all other third parties associated with the Company or the Site, all contractual rights and all rights arising under the Terms and Conditions may be freely and unconditionally transferred, assigned, sold, leased or licensed to any person or entity and that all Offers are subject to change and may be terminated by the Company or any third party initiating the Offer, with or without notice.
10. Disclosure.
The Company will not disclose or use any of your personally identifiable information except to the extent set forth in this Privacy Policy, or under special circumstances, such as when we believe in good faith that the law requires it, or when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating the Site’s Terms and Conditions, defrauding the Company or any third party, including any Third Party Program Participant.
The Company will disclose your personal information, without notice, to a party unrelated to the Company if required to do so by law or in the good faith belief that such action is necessary to comply with the law, legal process served on the Company or a Third Party Program Participant, to protect the rights or property of the Company or a Third Party Program Participant, or in urgent circumstances to protect the personal safety of users of the Site or the public at large.
All unsolicited information provided to the Company or any affiliated party, including, without limitation, any Third Party Program Participant, entirely on the initiative of a person providing the information or that person’s agent, or any information which is provided independently of any request by the Company or its affiliates shall be deemed to be public information regarding which neither the Company nor any other person or entity has any duty to the information provider or any other person, and as such, the Company may use such unsolicited information in an unlimited manner.
11. Protection of Children.
The Company and Third Party Program Participants do not publish any content or Offers on the Site that are targeted to children. We do not specifically collect information about children. The Company and Third Party Program Participants do not solicit and do not knowingly accept subscriptions, memberships, or acceptances of Offers from persons under the age of eighteen years. If minors have access to your computer or email, we ask that you take appropriate measures to prevent such minors from accessing or using the Site or any of our Company’s services as they are exclusively offered and restricted to, and only authorized for, adults over the age of eighteen years.
12. Access to Information; Correction of Erroneous Information.
If you would like to review personal information we have retained about you in our database, please Contact Us with a request for this information. Please indicate in detail which information you wish to review. After you have reviewed the data, we will make reasonable efforts to correct such personal information about you that you state in writing is erroneous. To request such a correction, please Contact Us. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers although we will always make reasonable efforts to do so upon your request. You acknowledge and agree that the Company has no obligation whatsoever to provide you with data about you that has been transferred to one or more third parties and Company is not obligated to take any actions with respect to the data in the databases of any third parties, whether or not such data is erroneous.
13. Scope of this Privacy Policy This privacy policy applies to your use of the Site and services owned or operated by the Company.
This policy does not apply to your use of unaffiliated sites to which are only linked to the Sites.
14. Revisions to this Privacy Policy.
The Company reserves the right, in its sole and absolute discretion, to revise, amend, modify or revoke this Privacy Policy at any time and in any manner. Changes to this Policy will be effective by posting revisions on the Site. In some circumstances you might be required to actively "accept" or “agree” to a new Privacy Policy or to new or modified provisions in the Privacy Policy in order to continue using the Site or services provided by the Company or Third Party Program Participants. Such assent or agreement to revisions to this Privacy Policy may be effectuated via an Opt-In or Opt-Out procedure (as those procedures are discussed above).
Copyright Infringement Policy and Take-Down Procedure for Raven-Porn-Reviews.com
Notice and Takedown Procedure
LinkSeen, LLC publisher of Raven-Porn-Reviews.com™ has adopted this Copyright Infringement Policy and Take-Down Procedure (“Policy”) for the website Raven-Porn-Reviews.com™ (“Site”) and all use of the Site by any person, either individually or on behalf of an entity (“User”) shall be subject to this Policy.
It is our intent to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act or DMCA (“Notice(s)”). This Policy describes the information that must be present in any proper Notice. The form of Notice specified herein is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
Our Site Terms and Conditions require that all Users (including Users registered with the Site (“Registered Users”)) comply with applicable copyright laws when publishing content or linking to content on another site (“User Content”), and we expect compliance with these requirements. If, however, Raven-Porn-Reviews.com receives proper Notice, We will remove or disable access to such allegedly infringing User Content, and we may terminate the Registered User responsible for such material.
If we remove or disable access to any User Content in response to a Notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or User Content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
Designated Agent
Raven-Porn-Reviews.com’s Designated Agent to receive notification of alleged infringement under the DMCA is: Infringment Officer, LinkSeen, LLC
Physical Mail: LinkSeen, LLC, 2510 Warren Ave., STE 3439, Cheyenne, WY 82001
Upon receipt of proper Notice of claimed infringement, We will follow the procedures outlined herein and in the DMCA.
Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Raven-Porn-Reviews.com’s Registered Agent (listed above) the following information in a written communication:
1. Identification of the copyrighted 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;
2. 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 Raven-Porn-Reviews.com to locate the material;
3. Information reasonably sufficient to permit Raven-Porn-Reviews.com to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following statement: "I have 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";
5. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Counter Notification
The User who provided content subject to a claim of infringment may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Raven-Porn-Reviews.com’s Registered Agent (listed above) the following information in a written communication:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, and telephone number;
3. The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
4. The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
5. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
6. Your signature, in physical or electronic form.
Upon receipt of such counter notification, Raven-Porn-Reviews.com will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Raven-Porn-Reviews.com will replace the removed material or cease disabling access to it in 30 business days. Raven-Porn-Reviews.com will replace the removed material and cease disabling access to it not less than 30 business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers
In accordance with Section 512(i)(1)(a) of the DMCA, the CMLRaven-Porn-Reviews.com will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is Raven-Porn-Reviews.com’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the Raven-Porn-Reviews.com determines are reasonable under the circumstances.