Please read the following terms and conditions of SexIs Social Online Service Agreement carefully. By accessing the information on SexIs Social site, you confirm that you understand, accept and agree to be bound by the terms and conditions of this Agreement. If you do not wish to accept these terms and conditions, you may not access the SexIs Social site. All references to SexIs Social in this agreement shall include SexIs Magazine
, the www.EdenFantasys.com
web site, WEB Merchants, Inc and its directors, officers, employees, consultants, shareholders, agents and attorneys as applicable. Access to SexIs Social is restricted to the individuals 18 years of age and older.
1. Revision Date
This document was last revised on March 19th 2013.
2. Acceptance of Terms
SexIs Social is an adult web publishing service with social networking features ("SexIs" or "SIS"). Web Merchants, Inc. ("WMI") and EdenFantasys.com ("EF") provide SIS to you subject to the following Terms of Service ("ToS"). By registering with SexIs Social or by using the SIS site (the "Site"), and in exchange for WMI's agreement to provide SexIs Social to you, you agree to be bound by the ToS. While we always try to make a forum announcement on www.EdenFantasys.com, WMI may revise the ToS without notice. The last revision date will be indicated in the begining of the ToS. It is your responsibility to regularly check SIS and review the ToS. Your continued use of the Site constitutes your agreement to all revisions to the TOS. Unless explicitly stated otherwise, any new features that augment or enhance SexIs Social shall also be subject to the ToS.
You must be at least eighteen (18) years of age to use SexIs Social. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these ToS. By using SIS, you represent and warrant that you are 18 or older.
Web Merchants, Inc, EdenFantasys.com and Sexis Magazine reserve the right to refuse service to anyone without notice, at any time and for any reason.
3. Provision and Modification of Services
SexIs Social includes software, services, content, and advertising provided by WMI and EF in order to facilitate and enhance the Site. However, much of the content of SexIs Social—including the contents of specific postings—is provided by and is the responsibility of users who submit content or post content on the Site. SexIs takes no responsibility for such content. SexIs merely provides access to such content as a service to you.
You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis. SexIs disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Site or any feature or software included in the Site. SexIs disclaims all responsibility or liability for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with or appear on the Site.
SexIs reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The Site also may be subject to interruptions, caused by SexIs or others. You agree that SexIs will not be liable to you or to any third party for any modification, suspension, interruption or discontinuance of the Site.
4. Registration and Account Creation
As part of registration and account creation, you will select a username and password on EdenFantasys.com. You will also fill out your profile with general information about yourself. It does not have to identify your public persona in any way. In consideration of your use of SexIs Social, you agree not to represent yourself as any person or character, real or imagined, that you do not have the rights to.
You also agree that you will maintain the security of your password and identification, that you will be fully responsible for all use of your account, and that you will notify SexIs immediately of any breach of security or unauthorized use of your account. You agree that you will not register for more than one account, register for an account on behalf of anyone other than yourself, or use another's account without permission.
5. Conditions on the Use of the Service and the Site
SexIs grants you permission to access and use the Site as set forth in these ToS, and in exchange you agree to the following:
- You will use SexIsSocial for personal use only;
- You will not use SexIs Social in any illegal manner or for any illegal purpose, or in any other manner that could damage, disable, overburden or impair the Site, or in any manner inconsistent with these ToS;
- You will not defeat or interfere with any security feature of SexIs Social, or attempt to do so;
- You will not alter or modify any content or component of SexIs Social, other than content you have submitted to or posted on the Site without express permission to do so (See: EdenTasks);
- You will not reproduce, duplicate, copy, sell, trade, resell or exploit, for any commercial purpose, any content or component of SexIs Social, without the prior written permission of SexIs;
- You will not collect or harvest any personally identifiable information, including without limitation account names or e-mail addresses, from SexIs Social, nor use the communication systems provided by the Site for purposes of sending any commercial solicitation;
- You will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code designed to interefere with the functionality of any computer software or hardware or telecommunications equipment; and
- You will not harass or intimidate any other user of the EdenFantasys community.
6. Your Conduct and Use of the Service and the Site
You are responsible for your own use of SexIs Social.
You acknowledge that you are solely responsible for the profile (including your name, image, and likeness), text, photos, video, music, messages, comments, notes, advertisements, listings, links, and other content that you post, publish, upload, or display on the Site (collectively "User Content"), and for the consequences of posting, publishing, uploading or displaying any User Content.
You understand and agree that any User Content you submit to SexIs Social or post on the Site is intended to and generally will be made public, and that once made public User Content cannot be made private again. You consent to the public dissemination of all information you submit or post using SIS.
You agree that you will not use SexIs Social to post User Content that you did not create or that you do not have permission to post. You affirm that you own or have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to the User Content you provide that are needed to use and to authorize SexIs to use that User Content in the manner described in these ToS. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person.
You agree that you will not use SexIs Social to post child pornography. The use of SexIs Social to publish child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account.
You agree that you will not use SexIs Social to post User Content that is defamatory or invasive of the privacy of another person, physically threatening, intended for any illegal purpose. By submitting or posting User Content, you that it is not defamatory or invasive of the privacy of any other person, or otherwise illegal.
You understand that SexIs does not promise to maintain User Content you submit to SexIs Social or post on the Site. You are responsible for creating backup copies replacing any User Content you submit to SexIs Social at your own cost. You agree that SexIs has no responsibility or liability for the deletion of, or the failure to store, any User Content or other communications provided. SexIs retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice.
7. Rights To and Use of Content on the Site
Except for User Content, all content and components of SexIs Social ("SexIs Content"), including without limitation, the software, text, photos, video and audio content, graphics, interactive features and advertisements, and all trademarks, service marks and logos contained therein, are owned by or licensed to SexIs, subject to copyrights or other intellectual property rights held by others pursuant to law. SexIs reserves all rights to the SexIs Content, User Content, and any other component or content of SexIs Social not expressly granted to you by these ToS.
By submitting or posting User Content using SexIs Social, you grant to SexIs an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the User Content will no longer appear on the Site. However, you acknowledge that SexIs may retain archived copies of your User Content, and that SexIs will retain the rights to the content granted by these ToS.
SexIs does not assert any ownership over your User Content; rather, as between SexIs and you, subject to the rights granted to us in these ToS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
SexIs may obtain and exercise intellectual property rights over compilations, collective works, or derivative works that incorporate User Content you have provided. In that case, the rights SexIs obtains will apply only to the compilation, collective work, or derivative work; as between SexIs and you, subject to the rights granted to us in these ToS, you will retain full ownership of and rights to your User Content.
When you post User Content to the Site, you also authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting, maintenance, and storage of the User Content on the Site.
8. Objectionable or Inappropriate Content
By its very nature, the Site may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Site may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using SexIs Social. SexIs does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content appearing on the Site. SexIs does not endorse any opinions expressed via the Service. You acknowledge that any reliance on material appearing on the Site will be at your own risk.
SexIs will not routinely review or revise content submitted using SexIs Social. However, SexIs may read any such content, and SexIs reserves the right to refuse to distribute any such content, to remove any content from the Site, or to edit such content, in it sole discretion.
If you find content appearing on the Site that you believe violates these ToS, or that is offensive or otherwise objectionable, you may inform SexIs by sending a message to: email@example.com. SexIs will review your message and the content to which you object (assuming it is still on the Site). SexIs may remove the content if, in SexIs' judgment, it is inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that SexIs is not legally responsible for content that it does not originate.
Neither is SexIs legally responsible for keeping content that it deems inappropriate off of the Site. If content you have submitted is not published or is removed, please review these ToS and understand that the value of SexIs Social is, to a large extent, based on providing an experience that is both enlightening and pleasant for the people who use the Site.
SexIs also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or governmental request; (2) enforce these ToS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of SexIs, its users and the public. You agree that SexIs will not be liable for exercising or failing to exercise any of these rights.
9. Use, Promotion and Distribution of Content by SexIs
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written permission by EdenFantasys. You may not use any “page-scrape,” “grabber,” “spider,” “robot,” “deep-link” or any other program, automatic device, algorithm or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of this website. Any use of the website which results in the depletion of website infrastructural resources is prohibited. When you use the website for an authorized purpose, you should include all proprietary notices without changing or hiding them. EdenFantasys and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel assignments at its discretion, including and without limitation, if EdenFantasys believes that customer conduct violates applicable law or is harmful to the interests of EdenFantasys and its affiliates. Please check these Terms from time to time, as Edenfantasys may change the Terms without notice and such changes are effective as of the time of posting.
Advertising served by SexIs itself or by SexIs in cooperation with third party advertising programs ("SexIs Advertising"), may appear on the Site. SexIs Advertising may appear on your Profile Page. You understand and agree that all revenue resulting from SexIs Advertising will be paid exclusively to SexIs, and that you have no right to or interest in any such revenue.
You understand that SexIs is not responsible for the textual, visual, or technological features or content of advertisements that appear on SexIs Social, other than advertisements created and served directly by EdenFantasys or SexIs. By using the Site, you relieve SexIs from any and all liability in connection with any SexIs Advertising that may appear on your Profile Page or elsewhere on the Site.
11. Other Intellectual Property Rights
EdenFantasys.com, SexIs Social, SexIs Magazine and other SexIs logos and product and service names are trademarks of SexIs. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. SexIs Social is a blogging and social networking site and service. References to other names and trademarks are necessary in the course of providing information and commentary about the subjects addressed on the Site.
12. Sponsors, Advertisers and Third Parties
The Site may contain links to sponsor, advertisers, or other third party websites that are not owned or controlled by SexIs. Inclusion of, linking to or permitting the use or installation of any third party site, applications, software, content or advertising does not imply approval or endorsement thereof by SexIs. SexIs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. By using SexIs Social, you relieve SexIs from any and all liability arising from your use of any third-party website.
Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through SexIs Social, are solely between you and such third parties. You agree that SexIs shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on SexIs Social.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of EdenFantasys or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of EdenFantasys and protected by U.S. and international copyright laws. All software used on this site is the property of EdenFantasys or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance of the content on this site is strictly prohibited.
SexIs respects the intellectual property rights of others. We prohibit users from uploading, posting or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millenium Copyright Act (17 U.S.C. # 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers.
If you are a copyright owner or an agent thereof and you believe that any content on SexIs Social infringes upon your copyrights, you may submit a notice to Partners@edenfantasys.com with all the information necessary (where it's published, who's the original creator, etc.) and we'll take care of it as soon as possible.
SexIs may, in its sole discretion, terminate your account, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing SexIs Social or the Site, at any time, with or without notice, for any reason, including but not limited to violation of these ToS.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEXIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
In particular, and without limitation, SexIs makes no warranty that: (1) SexIs Social will meet your requirements; (2) SexIs Social will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of SexIs Social will be accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through SexIs Social will meet your expectations; (5) any errors in the components or contents of SexIs Social will be corrected; or (6) or that SexIs Social is free of viruses or other harmful components.
No advice or information, oral or written, obtained by you from SexIs, shall create any warranty not expressly stated in these TOS.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEXIS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEXIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE SEXIS SOCIAL.
In particular, and without limitation, SexIs will have no liability for damages arising from: (1) accessing, downloading, or otherwise obtaining any content or component of SexIs Social, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of your transmissions or data; (3) statements or conduct of any third party on the service; or (4) as otherwise provided in these ToS.
18. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify SexIs, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of SexIs Social, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. SexIs will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of SexIs to provide such notice will not relieve you of these obligations.
If any provision of these ToS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the ToS will remain in force.
CHOICE OF LAW AND VENUE
The agreement created by these ToS, and any dispute arising from or relating to these ToS or the provision or use of SexIs Social, will be governed by the laws of the State of Georgia, without giving effect to its conflict of laws provisions. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or related to these ToS or the provision or use of SexIs Social ("Claim"). The parties agree to submit any Claim to binding arbitration, to be held in . In the event any Claim is mutually agreed by the parties or deemed by a court not to be subject to arbitration, it will be submitted to the state or federal courts sitting in Atlanta, Georgia, and the parties agree that they are and will be subject to the personal jurisdiction of those courts.
The failure of SexIs to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect.
LIMITATION OF LEGAL ACTIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ToS, or the provision or use of SexIs Social, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.