Xtreme Fetish Party Terms of Use Agreement
Welcome to a service of Xtreme Fetish Party. (hereinafter
referred to as "Xtreme Fetish Party" , "XFP",
"FF" or "Site"). You must read and agree to
these terms and conditions before you may access or view our Site.
Please read them carefully. By visiting the Xtreme Fetish Party
family of sites, you are agreeing to its terms. This Agreement
is subject to change at any time, and changes are effective upon
posting. Bookmark this page and check it frequently as it is up
to you to refer to this page for any amendments/changes to the
original Agreement.
1. Eligibility:
You must be eighteen or over to register as a member of or use
this Site. Membership in the service is void where prohibited.
By using and/or viewing this site, you represent and warrant that
you have the right, authority, and capacity to enter into this
Agreement and to abide by all of its terms and conditions and
that you are at least 18-years old.
2. Termination
Xtreme Fetish Party usage of services that provided to you
upon registration, may change from time to time upon electronic
notice to you. Xtreme Fetish Party reserves the right to terminate your access
to the Site for any reason or no reason.
Reasons for termination may include:
a. Abuse towards other site members.
b. Giving fradulent information in an attempt to create a profile
c. Sexual solicitation in exchange for payment
d. Solicitation of goods or services to our members
e. Opting in to receive newsletters then submitting them as spam/uce
to any agency
f. Opting in to receive "New Mail" alerts or any such
profile related activity then submitting them as spam/uce to any
agency.
You, the buyer, may cancel this agreement, without
any penalty or obligation, at any time.
If by reason of death or Disability you, the buyer,
are unable to receive all services for which the buyer has contracted,
the buyer and the buyer's estate may elect to be relieved of the
obligation to make payments for services other than those received
before death or the onset of Disability. "Disability"
means a condition which precludes the buyer from physically using
the services specified in the contract during the term of disability
and the condition is verified in writing by a physician designated
and remunerated by the buyer. The written verification of the
physician shall be presented to Xtreme Fetish Party, the seller. If you,
the buyer, have prepaid any amount for services, so much of the
amount prepaid that is allocable to services that the buyer has
not received due to death or Disability shall be promptly refunded
to the buyer or his or her representative.
3. Non-Commercial Use by Members/Viewers:
This Xtreme Fetish Party site is for the personal use of
individual members and viewers only and may not be used in connection
with any commercial endeavors. Organizations, companies, and/or
businesses may not become members of Xtreme Fetish Party Members Only sites
and shall not use such service or site for any purpose including
but not limited to: sending unsolicited commercial e-mail to members,
sending advertisements for other web sites and services in this
site's chat rooms, or using member personal identifying information
for commercial purposes. Illegal and/or unauthorized uses of the
site, including unauthorized framing of or linking to the site
or the sending of unsolicited commercial email will be investigated,
and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress and/or termination
of membership at Xtreme Fetish Party's sole discretion. In order to prevent
the sending of unsolicited commercial email or chat messages to
its members, Xtreme Fetish Party, may take reasonable steps, including the
limiting of the numbers of emails or chat messages sent or received
by a member and electronically filtering or throttling or terminating
e-mail and chat messages at Our sole discretion.
Xtreme Fetish Party does offer Banner Exchanges for commercial endeavors.
By following a 3rd party link as a result of the banner exchange,
you will release Xtreme Fetish Party from all responsibility by your voluntarily
following such links.
4. Proprietary Rights of Content on Xtreme Fetish Party:
Xtreme Fetish Party. owns and retains other proprietary rights in the
AXtreme Fetish Party site and said services. The site contains the copyrighted
material, trademarks, and other proprietary information of Xtreme Fetish Party., and its licensors. Except for that information which is
in the public domain or for which you have been given permission,
you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
5. Content Posted on the Site/CDA:
A) Xtreme Fetish Party. claims immunity from liability to the fullest
extent under the law and as provided under the Communications
Decency Act for Content provided by third parties and members
and nothing in this Agreement is intended to waive, remove, or
usurp such immunity. You understand and agree that Xtreme Fetish Party.
may delete any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment Xtreme Fetish Party. violates
the Terms of Use or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of Xtreme Fetish Party. and/or its members.
B) You are solely responsible for the content that you publish
or display (hereinafter, "post") on the Xtreme Fetish Party, or
transmit to other Xtreme Fetish Party. members.
C) By posting content to any public area of Xtreme Fetish Party, you automatically
grant, and you represent and warrant that you have the right to
grant, to Xtreme Fetish Party. and its members, an irrevocable, perpetual,
non-exclusive, fully-paid, worldwide license to use, copy, perform,
display, and distribute such information, rights of publicity,
and content and to prepare derivative works of, or incorporate
into other works and other media, such information and content,
and to grant and authorize sublicenses of the foregoing. For privacy
terms, please refer to our Privacy Policy.
D) Xtreme Fetish Party. will investigate and take appropriate legal action
in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication
from the site or service and terminating the membership of such
violators. The following is a partial list of the kind of content
that is illegal or prohibited on the site - it includes content
that: is patently offensive to the online community, such as content
that promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual; harasses or advocates harassment
of another person or invades their privacy; involves the transmission
of "junk mail", "chain letters," or unsolicited
commercial e-mail or "spamming"; promotes information
that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or
libelous; promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files; contains restricted or
password only access pages, or hidden pages or images (those not
linked to or from another accessible page); displays pornographic
or sexually explicit material of any kind; provides material that
exploits people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under 18; provides
content that involves cursing, swearing, incest, falsifying gender,
violence, necrophilia, impersonating another member, threat of
suicide or harm to oneself or others, drug paraphernalia, or bestiality;
provides instructional information about illegal activities such
as making or buying illegal weapons, violating someone's privacy,
or providing or creating computer viruses; solicits passwords
or personal identifying information for commercial or unlawful
purposes from other users; sending advertisements in chat or instant
messaging messages; and engages in commercial activities and/or
sales without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
E) You must use the Xtreme Fetish Party service in a manner consistent with
any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or
the content contained herein without our prior expressed written
permission. You agree that you will not use any device, software
or routine to bypass or to interfere or attempt to interfere with
the proper working of the Xtreme Fetish Party Site. You agree that you will
not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. Much of the information on our
site is updated on a real time basis and is proprietary or is
licensed to Xtreme Fetish Party. by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other
members to buy or sell any products or services through the service.
You will not transmit any chain letters or junk email to other
Xtreme Fetish Party members. Although Xtreme Fetish Party. cannot monitor the conduct
of its members off the Xtreme Fetish Party site, it is also a violation of
these rules to use any information obtained from the service in
order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any member without
their prior explicit consent.
H) Your profile (and its contents) may be searchable by, and you
may be able to search for the profiles (and their contents) of,
members registered to other Xtreme Fetish Party operated and "powered
by" websites, e.g. co-branded, privately labeled, etc. This
feature may allow you to interact with additional members of the
Xtreme Fetish Party family of sites.
I) Your profile (and the contents thereof) may be searchable by
third-party publicly available search engines.
6.
Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary
rights or otherwise have a valid basis under the law, including
"fair use". Without limiting the foregoing, if you believe
that your work has been copied and posted on the Xtreme Fetish Party service
in a way that constitutes copyright infringement, please provide
our Copyright Agent with the following information consistent
with the Digital Millennium Copyright Act (DMCA): an electronic
or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where
the material that you claim is infringing is located on the our
site including the URLs of web pages and/or hyperlinks; your address,
telephone number, and email address; a written statement by you
that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; a statement
by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf. Xtreme Fetish Party's Copyright Agent for Notice of claims of copyright infringement
or those under the DMCA can be reached as follows:
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Xtreme Fetish Party, Legal
855 E. Oakland Park Blvd
Fort Lauderdale, Florida 33334
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It is the intention of Xtreme Fetish Party to fully comply with the DMCA,
including the Notice and "take down" provisions and
to benefit from the safe harbors immunizing it from liability
to the fullest extent provided by law, and to the extent the Notice
and "take down" requirements above deviate from the
requirements under the DMCA then the Notice requirements as provided
by the DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
Xtreme Fetish Party does not solicit or control the information provided
by other users that is made available through our system. You
may find other user's information to be offensive, harmful, inaccurate
and/or deceptive. If so, please request a profile review using
the link provided on the member’s profile page or at various
other places throughout the website. Please also use caution,
common sense, and safety when using our site. You are solely responsible
for your interactions with other Xtreme Fetish Party members. Because
it is not involved in member interactions, in the event that you
have a dispute with one or more members or those who have posted,
viewed and/or used information on the Xtreme Fetish Party site, you release
Xtreme Fetish Party, including its officers, directors, agents, subsidiaries
and employees, from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes. If you are a California resident, you waive
California Civil Code § 1542, which says: "A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor." Xtreme Fetish Party reserves the
right, but has no obligation, to monitor disputes between you
and other members.
8. Privacy:
Use of the Xtreme Fetish Party family of sites and/or its service is governed
by our Privacy Policy, which may change from time to time upon
electronic notice to you.
9. Disclaimers
Under
no circumstances shall Xtreme Fetish Party., be responsible for any loss
or damage resulting from anyone's use of the Site or the service
and/or any content posted on any Xtreme Fetish Party site or transmitted
to it's Members. The Site and the service are provided "AS-IS"
and Xtreme Fetish Party. expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. Xtreme Fetish Party. cannot
guarantee and does not promise any specific results from use of
the site and/or service.
10.
Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and
in that event liability is disclaimed to the fullest extent permitted
by law), in no event will Xtreme Fetish Party. be liable to you or any
third person for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits arising
from your use of the Site or service, even when Xtreme Fetish Party.
has been advised of the possibility of such damages.
11.
Indemnity:
You agree to indemnify and hold Xtreme Fetish Party, officers, agents,
and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made by
any third party due to or arising out of your use of the service
in violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations and
warranties set forth above.
12. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given
by postal mail to:
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Xtreme Fetish Party, Legal
855 E. Oakland Park Blvd
Fort Lauderdale, Florida 33334
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or
to the email address you provide to Xtreme Fetish Party during the registration
process. Notice shall be deemed given 24 hours after email is
sent, unless the sending party is notified that the email address
is invalid. Alternatively, Xtreme Fetish Party. may give you notice by
certified mail, postage prepaid and return receipt requested,
to the address provided to Xtreme Fetish Party during the registration process.
In such case, notice shall be given 3 days after the date of mailing.
You agree that this Agreement and all incorporated Agreements
may be automatically assigned by Xtreme Fetish Party., in our sole discretion,
to a third party. Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or extent
of such section. References to Xtreme Fetish Party. shall include its
subsidiaries, affiliates, officers, agents, and other partners
and employees. Xtreme Fetish Party.'s failure to act with respect to
a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches. If any provision of
this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
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Xtreme Fetish Party is located at:
855 E. Oakland Park Blvd
Fort Lauderdale, Florida 33334