Wetties.com Terms of Use Agreement
October 25, 2006
Wetties.com is a social networking service that
allows Members to create unique personal profiles online in order to find
and communicate with old and new friends. The services offered by Wetties.com
("Wetties.com" or "we") include the Wetties.com website
(the "Wetties Website"), the Wetties.com Internet messaging service,
and any other features, content, or applications offered from time to time
by Wetties.com in connection with the Wetties Website (collectively, the "Wetties
Services"). The Wetties Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement")
sets forth the legally binding terms for your use of the Wetties Services.
By using the Wetties Services, you agree to be bound by this Agreement, whether
you are a "Visitor" (which means that you simply browse the Wetties
Website) or you are a "Member" (which means that you have registered
with Wetties.com). The term "User" refers to a Visitor or a Member.
You are only authorized to use the Wetties Services (regardless of whether
your access or use is intended) if you agree to abide by all applicable laws
and to this Agreement. Please read this Agreement carefully and save it. If
you do not agree with it, you should leave the Wetties Website and discontinue
use of the Wetties Services immediately. If you wish to become a Member, communicate
with other Members and make use of the Wetties Services, you must read this
Agreement and indicate your acceptance during the Registration process.
This Agreement includes Wetties.com's policy for
acceptable use of the Wetties Services and Content posted on the Wetties Website,
your rights, obligations and restrictions regarding your use of the Wetties
Services and Wetties.com's Privacy Policy. In order to participate in certain
Wetties Services, you may be notified that you are required to download software
or content and/or agree to additional terms and conditions. Unless otherwise
provided by the additional terms and conditions applicable to the Wetties
Services in which you choose to participate, those additional terms are hereby
incorporated into this Agreement. You may receive a copy of this Agreement
by emailing us at: privacy@Wetties.com, Subject: Terms of Use Agreement.
Wetties.com may modify this Agreement from time
to time and such modification shall be effective upon posting by Wetties.com
on the Wetties Website. You agree to be bound to any changes to this Agreement
when you use the Wetties Services after any such modification is posted. It
is therefore important that you review this Agreement regularly to ensure
you are updated as to any changes.
Please choose carefully the information you post
on Wetties.com and that you provide to other Users. Your Wetties.com profile
may not include the following items: telephone numbers, street addresses,
last names, and any photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other Wetties.com Members
(for instance, in their Profile) may contain inaccurate, inappropriate, offensive
or sexually explicit material, products or services, and Wetties.com assumes
no responsibility or liability for this material. If you become aware of misuse
of the Wetties Services by any person, please contact Wetties or click on
the "Report Inappropriate Content" link at the bottom of any Wetties.com
page.
Wetties.com reserves the right, in its sole discretion,
to reject, refuse to post or remove any posting (including private messages)
by you, or to restrict, suspend, or terminate your access to all or any part
of the Wetties Services at any time, for any or no reason, with or without
prior notice, and without liability.
1. Eligibility. Use of and Membership in the
Wetties Services is void where prohibited. By using the Wetties Services,
you represent and warrant that (a) all registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such information;
(c) you are 14 years of age or older; and (d) your use of the Wetties Services
does not violate any applicable law or regulation. Your profile may be deleted
and your Membership may be terminated without warning, if we believe that
you are under 14 years of age.
2. Term. This Agreement shall remain in full
force and effect while you use the Wetties Services or are a Member. You may
terminate your Membership at any time, for any reason, by following the instructions
on the Member's Account Settings page. Wetties.com may terminate your Membership
at any time, without warning. Even after Membership is terminated, this Agreement
will remain in effect, including sections 5-17.
3. Fees. You acknowledge that Wetties.com reserves
the right to charge for the Wetties Services and to change its fees from time
to time in its discretion. If Wetties.com terminates your Membership because
you have breached the Agreement, you shall not be entitled to the refund of
any unused portion of subscription fees.
4. Password. When you sign up to become a Member,
you will also be asked to choose a password. You are entirely responsible
for maintaining the confidentiality of your password. You agree not to use
the account, username, or password of another Member at any time or to disclose
your password to any third party. You agree to notify Wetties.com immediately
if you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The Wetties
Services are for the personal use of Members only and may not be used in connection
with any commercial endeavors except those that are specifically endorsed
or approved by Wetties.com. Illegal and/or unauthorized use of the Wetties
Services, including collecting usernames and/or email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to the Wetties Website is prohibited.
Commercial advertisements, affiliate links, and other forms of solicitation
may be removed from Member profiles without notice and may result in termination
of Membership privileges. Appropriate legal action will be taken for any illegal
or unauthorized use of the Wetties Services.
6. Proprietary Rights in Content on Wetties.com.
1. Wetties.com does not claim any ownership
rights in the text, files, images, photos, video, sounds, musical works, works
of authorship, or any other materials (collectively, "Content")
that you post to the Wetties Services. After posting your Content to the Wetties
Services, you continue to retain all ownership rights in such Content, and
you continue to have the right to use your Content in any way you choose.
By displaying or publishing ("posting") any Content on or through
the Wetties Services, you hereby grant to Wetties.com a limited license to
use, modify, publicly perform, publicly display, reproduce, and distribute
such Content solely on and through the Wetties Services.
Without this license, Wetties.com
would be unable to provide the Wetties Services. For example, without the
right to modify Member Content, Wetties.com would not be able to digitally
compress music files that Members submit or otherwise format Content to satisfy
technical requirements, and without the right to publicly perform Member Content,
Wetties.com could not allow Users to listen to music posted by Members. The
license you grant to Wetties.com is non-exclusive (meaning you are free to
license your Content to anyone else in addition to Wetties.com), fully-paid
and royalty-free (meaning that Wetties.com is not required to pay you for
the use on the Wetties Services of the Content that you post), sublicensable
(so that Wetties.com is able to use its affiliates and subcontractors such
as Internet content delivery networks to provide the Wetties Services), and
worldwide (because the Internet and the Wetties Services are global in reach).
This license will terminate at the time you remove your Content from the Wetties
Services. The license does not grant Wetties.com the right to sell your Content,
nor does the license grant Wetties.com the right to distribute your Content
outside of the Wetties Services.
2. You represent and warrant that: (i)
you own the Content posted by you on or through the Wetties Services or otherwise
have the right to grant the license set forth in this section, and (ii) the
posting of your Content on or through the Wetties Services does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other
rights of any person. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of any Content posted by you to or through
the Wetties Services.
3. The Wetties Services contain Content
of Wetties.com ("Wetties.com Content"). Wetties.com Content is protected
by copyright, trademark, patent, trade secret and other laws, and Wetties.com
owns and retains all rights in the Wetties.com Content and the Wetties Services.
Wetties.com hereby grants you a limited, revocable, nonsublicensable license
to reproduce and display the Wetties.com Content (excluding any software code)
solely for your personal use in connection with viewing the Wetties Website
and using the Wetties Services.
4. The Wetties Services contain Content
of Users and other Wetties.com licensors. Except for Content posted by you,
you may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the Wetties
Services.
7. Content Posted.
1. Wetties.com may delete any Content
that in the sole judgment of Wetties.com violates this Agreement or which
may be offensive, illegal or violate the rights, harm, or threaten the safety
of any person. Wetties.com assumes no responsibility for monitoring the Wetties
Services for inappropriate Content or conduct. If at any time Wetties.com
chooses, in its sole discretion, to monitor the Wetties Services, Wetties.com
nonetheless assumes no responsibility for the Content, no obligation to modify
or remove any inappropriate Content, and no responsibility for the conduct
of the User submitting any such Content.
2. You are solely responsible for the
Content that you post on or through any of the Wetties Services, and any material
or information that you transmit to other Members and for your interactions
with other Users. Wetties.com does not endorse and has no control over the
Content. Content is not necessarily reviewed by Wetties.com prior to posting
and does not necessarily reflect the opinions or policies of Wetties.com.
Wetties.com makes no warranties, express or implied, as to the Content or
to the accuracy and reliability of the Content or any material or information
that you transmit to other Members.
8. Content/Activity Prohibited. The following
is a partial list of the kind of Content that is illegal or prohibited to
post on or through the Wetties Services. Wetties.com reserves the right to
investigate and take appropriate legal action against anyone who, in Wetties.com's
sole discretion, violates this provision, including without limitation, removing
the offending communication from the Wetties Services and terminating the
Membership of such violators. Prohibited Content includes, but is not limited
to Content that, in the sole discretion of Wetties.com:
1. is patently offensive and promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
2. harasses or advocates harassment of
another person;
3. exploits people in a sexual or violent
manner;
4. contains nudity, violence, or offensive
subject matter or contains a link to an adult website;
5. solicits personal information from
anyone under 18;
6. provides any telephone numbers, street
addresses, last names, URLs or email addresses;
7. promotes information that you know
is false or misleading or promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized
copy of another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent manufacture-installed
copy-protect devices, or providing pirated music or links to pirated music
files;
9. involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing, instant
messaging, "spimming," or "spamming";
10. contains restricted or password only
access pages or hidden pages or images (those not linked to or from another
accessible page);
11. furthers or promotes any criminal
activity or enterprise or provides instructional information about illegal
activities including, but not limited to making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying
information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or
sales without our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes;
14. includes a photograph of another person
that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses
sexually suggestive imagery or any other unfair, misleading or deceptive Content
intended to draw traffic to the profile.
The following is a partial list of the kind
of activity that is illegal or prohibited on the Wetties Website and through
your use of the Wetties Services. Wetties.com reserves the right to investigate
and take appropriate legal action against anyone who, in Wetties.com's sole
discretion, violates this provision, including without limitation, reporting
you to law enforcement authorities. Prohibited activity includes, but is not
limited to:
1. criminal or tortious activity, including
child pornography, fraud, trafficking in obscene material, drug dealing, gambling,
harassment, stalking, spamming, spimming, sending of viruses or other harmful
files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of,
any Member to buy or sell any products or services through the Wetties Services.
You may not transmit any chain letters or junk email to other Members. It
is also a violation of these rules to use any information obtained from the
Wetties Services in order to contact, advertise to, solicit, or sell to any
Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, Wetties.com reserves the right to restrict
the number of emails which a Member may send to other Members in any 24-hour
period to a number which Wetties.com deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email, instant messages
or other unsolicited communications of any kind through the Wetties Services,
you acknowledge that you will have caused substantial harm to Wetties.com,
but that the amount of such harm would be extremely difficult to ascertain.
As a reasonable estimation of such harm, you agree to pay Wetties.com $50
for each such unsolicited email or other unsolicited communication you send
through the Wetties Services;
3. covering or obscuring the banner advertisements
on your personal profile page, or any Wetties.com page via HTML/CSS or any
other means;
4. any automated use of the system, such
as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating
an undue burden on the Wetties Services or the networks or services connected
to the Wetties Services;
6. attempting to impersonate another
Member or person;
7. for band profiles, copying the code
for your Wetties Player and embedding it into other profiles or asking other
Members to embed it into their profiles;
8. using the account, username, or password
of another Member at any time or disclosing your password to any third party
or permitting any third party to access your account;
9. selling or otherwise transferring
your profile;
10. using any information obtained from
the Wetties Services in order to harass, abuse, or harm another person;
11. displaying an advertisement on your
profile, or accepting payment or anything of value from a third person in
exchange for your performing any commercial activity on or through the Wetties
Services on behalf of that person, such as placing commercial content on your
profile, posting blogs or bulletins with a commercial purpose, selecting a
profile with a commercial purpose as one of your "Top 8" friends,
or sending private messages with a commercial purpose; or
12. using the Wetties Services in a manner
inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify,
distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information belonging to others without obtaining the
prior written consent of the owner of such proprietary rights. It is the policy
of Wetties.com to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of proper notification
to Wetties.com by the copyright owner or the copyright owner's legal agent.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Wetties Services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: (i) an
electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description of the copyrighted
work that you claim has been infringed; (iii) a description of where the material
that you claim is infringing is located on the Wetties Services; (iv) your
address, telephone number, and email address; (v) a written statement by you
that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Wetties.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Wetties, Inc., 8391
Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile: (310) 969-7394; Attn:
Copyright Agent; and email: copyrightagent@Wetties.com.
10. Member Disputes. You are solely responsible
for your interactions with other Wetties.com Members. Wetties.com reserves
the right, but has no obligation, to monitor disputes between you and other
Members.
11. Privacy. Use of the Wetties Services is
also governed by our Privacy Policy, which is incorporated into this Agreement
by this reference.
12. Disclaimers. Wetties.com is not responsible
for any incorrect or inaccurate Content posted on the Wetties Website or in
connection with the Wetties Services, whether caused by Users of the Wetties
Services or by any of the equipment or programming associated with or utilized
in the Wetties Services. Profiles created and posted by Members on the Wetties
Website may contain links to other websites. Wetties.com is not responsible
for the Content, accuracy or opinions expressed on such websites, and such
websites are in no way investigated, monitored or checked for accuracy or
completeness by Wetties.com. Inclusion of any linked website on the Wetties
Services does not imply approval or endorsement of the linked website by Wetties.com.
When you access these third-party sites, you do so at your own risk. Wetties.com
takes no responsibility for third party advertisements which are posted on
this Wetties Website or through the Wetties Services, nor does it take any
responsibility for the goods or services provided by its advertisers. Wetties.com
is not responsible for the conduct, whether online or offline, of any User
of the Wetties Services. Wetties.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to,
or alteration of, any User or Member communication. Wetties.com is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion
on the Internet or on any of the Wetties Services or combination thereof,
including any injury or damage to Users or to any person's computer related
to or resulting from participation or downloading materials in connection
with the Wetties Services. Under no circumstances shall Wetties.com be responsible
for any loss or damage, including personal injury or death, resulting from
use of the Wetties Services, attendance at a Wetties.com event, from any Content
posted on or through the Wetties Services, or from the conduct of any Users
of the Wetties Services, whether online or offline. The Wetties Services are
provided "AS-IS" and as available and Wetties.com expressly disclaims
any warranty of fitness for a particular purpose or non-infringement. Wetties.com
cannot guarantee and does not promise any specific results from use of the
Wetties Services.
13. Limitation on Liability. IN NO EVENT SHALL
WETTIES.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WETTIES.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, WETTIES.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO WETTIES.COM FOR THE WETTIES SERVICES DURING
THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available
in connection with the Wetties Services (the "Software") is further
subject to United States export controls. No Software may be downloaded from
the Wetties Services or otherwise exported or re-exported in violation of
U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about
or involving the Wetties Services, you agree that the dispute shall be governed
by the laws of the State of California, USA, without regard to conflict of
law provisions and you agree to exclusive personal jurisdiction and venue
in the state and federal courts of the United States located in the State
of California, City of Los Angeles. Either Wetties.com or you may demand that
any dispute between Wetties.com and you about or involving the Wetties Services
must be settled by arbitration utilizing the dispute resolution procedures
of the American Arbitration Association (AAA) in Los Angeles, California,
USA, provided that the foregoing shall not prevent Wetties.com from seeking
injunctive relief in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold
Wetties.com, its subsidiaries, and affiliates, and their respective officers,
agents, partners and employees, harmless from any loss, liability, claim,
or demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your use of the Wetties Services in violation of this
Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content
that you post on the Wetties Website or through the Wetties Services causes
Wetties.com to be liable to another.
17. Other. This Agreement is accepted upon your
use of the Wetties Website or any of the Wetties Services and is further affirmed
by you becoming a Member. This Agreement constitutes the entire agreement
between you and Wetties.com regarding the use of the Wetties Services. The
failure of Wetties.com to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The section
titles in this Agreement are for convenience only and have no legal or contractual
effect. Wetties.com is a trademark of Wetties, Inc. This Agreement operates
to the fullest extent permissible by law. If any provision of this Agreement
is unlawful, void or unenforceable, that provision is deemed severable from
this Agreement and does not affect the validity and enforceability of any
remaining provisions.
Please contact us at: Contact Wetties with any
questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE.
