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COLLARSPACE.COM
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TERMS
OF SERVICE
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I. PRELIMINARY
PROVISIONS:
1.1
Introduction.
Welcome to our website's Terms and Conditions ("Agreement").
The provisions of this Agreement will govern your use of our website,
and you should therefore take the time to read it carefully. Our
website is different from many other sites on the Internet as it
contains advertisements, communications and links posted by
independent third parties, over which we exert no control. We do not
get involved in any disputes that may develop between our advertisers
and others, and we do not facilitate communication between third
parties. Therefore, you are urged to use your own good judgment and
common sense when responding to such advertisements, as we are not
responsible for any interactions occurring between our Users and our
advertisers. We hope that you thoroughly enjoy our services, and
anticipate that you will find our site useful and informative. Should
you have any questions or comments regarding our website, or its
policies, please feel free to contact us by clicking the "Support"
link at the bottom of this page.
1.2.
Legal
Conditions Apply.
Additionally, through the use of these Terms and Conditions, we are
placing legal conditions on your use of this website
(www.collarspace.com, hereinafter the "Website"), and
making certain promises to you.
1.3. Party
Definitions
1.3.1
Service
Provider Defined.
"We," are the service provider of www.collarspace.com and
various other websites (collectively referred to as our "Network").
When this Agreement uses first-person pronouns such as "us,"
"we," "our," "ours," etc., those
first-person pronouns are referring to us as the service provider for
www.collarspace.com.
1.3.2
Web
Site User Defined.
"You," the User - As a User of this Website, this Agreement
will refer to the User as "You" or through any
second-person pronouns, such as "Yours," etc. The User of
the Website shall be referred to in applicable second-person pronouns
throughout this Agreement.
1.3.3
Website
Defined.
When the term "Website" is used in this Agreement, it means
www.collarspace.com. unless the Agreement specifically says
otherwise.
1.4
Acknowledgement
that Consideration Is Provided.
Consideration for Your acquiescence to all of the provisions in this
Agreement has been provided to You in the form of allowing You to use
Our Website and the services thereon. You agree that such
Consideration is both adequate, and that it is received when You view
or download any portion of Our Website.
1.5
User
Agrees to the Terms of this Agreement.
You agree that Your use of the Website constitutes Your acceptance of
all of the terms and conditions of this Agreement. If You do not wish
to be bound by the terms of this Agreement, You agree to leave the
Website immediately.
1.6
Negotiations
For Personal Agreement Permitted.
You may contact Us to negotiate a separate agreement BEFORE You use
the Website. We do not guarantee that such negotiations will be
successful. Nevertheless, if you wish to discuss your own
personalized Agreement, please contact us or have your attorney do
so.
1.7
Attorney
Consultation Mandated.
If You have questions about or do not understand all of the terms of
this Agreement, You agree to consult an attorney before using the
Website.
1.8
Adults
Only.
You agree that this Website is for adults only. If You are under the
age of eighteen (18), You agree to not access or use the Website in
any form or fashion.
1.9.
Revisions
to this Agreement
1.9.1
We
May Revise this Agreement.
You specifically agree that We have the right to revise the terms of
this Agreement at any time. You agree that all modifications or
changes to this Agreement are in force immediately upon posting.
1.9.2
Notice
of Our Revisions.
If We change anything in this Agreement, We will change the "last
modified date" at the top of this Agreement. You agree that it
is Your responsibility to remain up to date with the terms and
conditions expressed within this Agreement every time You access or
use this Website.
1.9.3
Waiver
of Rights in Case of Failure to Remain Updated.
You agree that if You fail to remain up to date with the terms and
conditions expressed within this Agreement, You assume all
responsibility for such omissions and You agree that such failure
amounts to Your affirmative waiver of Your rights that may have
arisen under previous versions of this Agreement.
2.
ACCEPTANCE AND AFFIRMATION
2.1
Use
of the Website Constitutes Acceptance of Terms.
You agree that Your access and/or use of the Website constitutes
acceptance to all of the terms and conditions expressed within this
Agreement.
3.
SERVICES PROVIDED AND NOT PROVIDED
3.1
Services
Provided.
You agree and acknowledge that the Website provides a forum through
which adults may seek and establish personal contact with one another
through the use of the Website's capabilities for displaying
photographs and written materials provided by its Users. The Website
contains images and content, including but not limited to text,
images, messages, and other information. You agree and acknowledge
that all materials displayed on the Website are protected by the
First Amendment rights to Free Speech, Free Expression, Freedom of
Association and Freedom of the Press, and parallel provisions of
state constitutions. The Website is dedicated to assisting
like-minded individuals locate, and communicate with, each other. We
are not responsible for the content of communications, statements,
opinions, posting or other information placed on the Website by third
parties, via any discussion board, forum, or public area of the
Website. Such information is intended to be protected by the immunity
provided by Section 230 of the Communications Decency Act ("CDA")
which immunizes this Website, and its agents and employees, from any
claims relating to the content of information posted by third
parties. We do not act as a censor of such material. You agree and
acknowledge that the Website may offer online content that could be
deemed "adult," "offensive," or "erotic"
in nature. You agree and acknowledge that We do not edit, review, or
change posts made by third parties prior to the information appearing
online.
3.2
Background
Screening Not Provided.
You agree and acknowledge that We do not provide advice, screening,
background checks, warranties, guarantees, or information about
Users. You further agree and acknowledge that all information about
Users is provided by the Users themselves.
3.3
No
Responsibility for User-Provided Information.
We do not accept responsibility for any information provided by Our
Users. You understand that User-provided information may be
inaccurate, false, or incomplete. By using the Website, You
understand and accept that information presented in other Users'
profiles may be false, misleading, inaccurate, or incomplete, and
that the Website has no responsibility or control over verifying
User-provided information.
3.4
Accuracy
of User-Provided Information Not Guaranteed.
The Website does not pre-approve any of its Users, prior to their use
of the Website. You agree that it is Your responsibility to properly
investigate the background, personality, criminal history, financial
condition, or any other relevant factor affecting Your potential
compatibility with any other User, prior to communicating with other
Users. Most importantly, USE COMMON SENSE! Do not provide any
personal information to individuals who may misuse that information
to Your detriment. While the Website provides a venue for the
exchange of information, ideas and emotion, it does not act as a
guarantor of the accuracy of such information, and all users/Users
are encouraged to approach the veracity of any communications
occurring on the Website with a healthy skepticism.
3.5
User
Releases Website from Liability.
In light of the above, You hereby discharge, acquit, and otherwise
release the Website, its parent corporation, its agents, employees,
officers, directors, shareholders, attorneys, and affiliates, from
any and all allegations, counts, charges, debts, causes of action,
and claims relating in any way to the use of, or activities relating
to the use of, the Website including, but not limited to claims
relating to the following:
3.5.1
Specific
Damages Waived by the User.
You hereby discharge, acquit, and otherwise release the Website, its
parent corporation, its agents, employees, officers, directors,
shareholders, attorneys, and affiliates, from liability for damages
from any instances of Sexual Harassment, Copyright Infringement,
Negligence, Gross Negligence, Reckless Conduct, Alienation of
Affections (to the extent recognized in any jurisdiction),
Intentional Infliction of Emotional Distress, Intentional
Interference with Contract or Advantageous Business Relationship,
Defamation, Statutory Rape, Invasion of Privacy, and
Misrepresentation or any claim based on Vicarious Liability for Torts
committed by individuals met on or through the Website, including but
not limited to fraud, assault, battery, stalking, rape, theft,
cheating, perjury, manslaughter, or murder.
3.5.2
List
of Waived Damages Not Exhaustive.
The above list is intended to be illustrative only, and not
exhaustive of the types or categories of claims released by You. This
release is intended by the parties to be interpreted broadly in favor
of the Website, and thus any ambiguity shall be interpreted in a
manner providing release of the broadest claims. This release is
intended to be a full release of claims, and the parties acknowledge
the legally binding nature of this provision, and the nature of the
rights given up in connection therewith.
3.6
No
Use of Website for Illegal Activity.
You acknowledge that You are aware of the nature of the Materials and
content on Our Website, that You are not offended by such Materials
and that You access the Website freely, voluntarily and willingly.
You also acknowledge that this Website is intended to contain only
images protected by the First Amendment to the United States
Constitution. If You are seeking information regarding illegal
activities, please leave this Website immediately. You are further
aware of the community standards of Your community, and You will only
access the content on the Website if you believe, upon diligent
investigation, that the content on the Website does not offend the
community standards prevalent in Your community. You further agree
not to use or access the Website if doing so would violate the laws
of Your state, province or country.
4.
USER TERMS, LIMITATIONS & CONDITIONS:
4.1
Age
of Majority.
You represent and warrant You are at least 18 years of age, and that
You have the legal capacity to enter into this Agreement. If you are
not at least 18 years of age, You must exit the Website immediately
and may not use or access the Website or print or download any
Materials from Our Website. You may be asked to verify Your birth
date on the Birth Date Verifier(TM) form as a condition of entry onto
the Website, pursuant to 28 U.S.C. §1746. You agree not to
bypass any security and/or access feature on this Website.
Additionally, the Website does not assume any responsibility or
liability for any misrepresentations regarding a user's age.
4.2
User
Has No Right to Transfer or Sell Access to the Website.
You agree and understand that Your User account may not be assigned,
transferred, or sold to a third party. The Website and its affiliates
disclaim any and all liability arising from fraudulent entry and use
of the Website. If a user fraudulently obtains access, the Website
may terminate Your User account immediately and take all necessary
and appropriate actions under applicable federal, state, and
international laws.
4.3
No
Illegal Conduct Allowed.
You will not use the Website in any manner inconsistent with any
applicable laws or regulations. You may not include any
personally-identifying information such as phone numbers, street
addresses, Web site addresses, email addresses, Instant Messenger
screen names, or any other information that if provided may be used
to circumvent the Website's communication capabilities. You may not
use the Website to advertise products or services, nor may You use
the Website in order to solicit products or services, unless
otherwise permitted by collarspace.com.
4.4
User
Accepts E-Mail Communications from Website.
A key component of the services provided by the Website is email
communication sent from Us or through Us to You. By creating Your
User account, You specifically and explicitly agree to accept, and
You consent to receiving commercial and personal email messages sent
from Us or sent by other Users through Our services. These messages
may include emails from other Users seeking contact, emails from the
Website, emails from the Website regarding potential matches, and
emails from the Website regarding promotions, events, and other
commercial enterprises that may be part of the services provided by
the Website or that constitute advertisements of other services
provided by the Website or its parent corporation, subsidiaries, or
partners.
4.5.
User
Accepts Promotional E-Mail.
You specifically agree to accept all bulk commercial email that may
be sent by the Website, its principals, Affiliates, assigns,
successors, parent company, or other persons or corporations acting
in conjunction with Us. You permit Us to send You unsolicited email
for the purpose of promoting services provided by Our Website or
other services as may be offered from time to time by the Website,
its parent corporation, subsidiaries, or partners. Cancellation of
Your account or other business relationships with Us shall be deemed
to terminate Our relationship with You with respect to the provision
of unsolicited commercial email. This business relationship is
specifically deemed to continue indefinitely until explicitly
terminated by You by and through cancellation of Your account.
4.6.
User
Account Obtained Through Registration.
You may become a User of the Website by completing an online
registration form. In connection with completing the online
registration form, You agree to:
4.6.1.
User
To Provide True and Accurate Information When Registering.
Provide true, accurate, current and complete information about
Yourself as prompted by the registration form (such information being
the "Registration Data"); and
4.6.2.
Continuing
Obligation to Update User Information.
Maintain and promptly update the Registration Data to keep it true,
accurate, current and complete at all times while You are a User. You
must promptly inform Website of all changes, including, but not
limited to, changes in Your email address.
4.7.
Penalties
in Case of Untrue Information or Failure to Update User Information.
If you provide any information that is untrue, inaccurate, not
current or incomplete, or Website or any of its authorized agents
have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Website has the right to
suspend or terminate Your account and refuse any and all current or
future use of the Website, as well as subjecting You to criminal and
civil liability.
4.8.
Registration
of Third Parties Prohibited.
In connection with completing the online registration form, You agree
NOT to register a person other than Yourself, without that person's
written permission. If You register a third party without their
written consent, You stipulate to liquidated damages of $50,000.00
per such violation, and You agree to pay any and all fees incurred in
the recovery of this amount, including attorneys' fees and all
associated costs. We expressly reserve the right, and You stipulate,
that We may assign the rights to sue for these liquidated damages to
any third party claiming injury by such violation.
4.9.
No
False Representations Permitted.
As part of the registration process, You will be issued a unique user
name and password which You must provide in order to gain access to
the non-public portion of the Website. You certify that when asked to
choose a username You will not choose a name which may falsely
represent You as somebody else or a name which may otherwise be in
violation of the rights of a third party.
4.9.1.
Website
Retains Right to Disallow Usernames in Certain Situations.
We reserve the right to disallow the use of usernames that We, at Our
sole discretion, deem inappropriate. We reserve the right to cancel,
at any time, the User account of any User who uses their selected
username in violation of these Terms and Conditions or in any other
way We, in Our sole discretion, deem inappropriate.
4.9.2.
No
Transfers of Login Information Allowed.
Your User Account, user ID, and password are non-transferable and
non-assignable.
4.9.3.
Non-Disclosure
of Login Information.
You represent and warrant that You will not disclose Your unique user
name and password to any other person and that You will not provide
access to the Website to anyone who is below the age of majority in
Your state, province, or country, or who otherwise is not eligible to
view the content on the Website.
4.9.4.
User
Assumes Responsibility for Confidentiality.
You are solely responsible for maintaining the confidentiality of
Your user name and password and are fully responsible for all
activities that occur under Your user name and password. Our Website
will not release Your password for security reasons.
4.9.5.
Additional
Security Obligations.
Regarding additional password and account security, You agree to:
4.9.5.1.
User
Shall Notify Website In Case of Security Breach.
Notify the Website of any unauthorized use of Your user name and
password or any other breach of security using the "Support"
link at the bottom of this page."
4.9.5.2.
User
Assumes Sole Responsibility for Unauthorized Use of the Website.
Ensure that You exit from Your account at the end of each session.
You are liable and responsible for any unauthorized use of the
Website until you notify the Website by email regarding that
unauthorized use. Unauthorized access to the Website is illegal and a
breach of this Agreement. You indemnify the Website against all
activities conducted through Your account.
5.
SPECIAL CONSIDERATIONS REGARDING MINORS
5.1.
User
Agrees to be Above the Age of Majority Before Using the Website.
In order to use the Website or any services provided by Us, You must
have attained the age of majority in your jurisdiction. You represent
and warrant that You are at least eighteen (18) or twenty-one (21)
years of age, depending on the age of majority in Your jurisdiction,
and that You have the legal capacity to enter into this Agreement.
5.1.1.
User
Agrees to Provide Their True Age.
You were asked to verify Your birth date on the Birth Date
Verifier(TM) form as a condition of entry onto certain areas of the
Website containing adult content, pursuant to 28 U.S.C. § 1746.
Accordingly, if You provided incorrect information on the Birth Date
Verifier(TM) page, You committed an act of perjury, this perjury was
recorded, and this perjury may (and will) be used against You in any
court proceeding or other tribunal of any kind.
5.1.2.
Website
Not Liable for Misrepresentations of a User’s Age.
We specifically disclaim, and You agree that You will hold Us
harmless for, any responsibility or liability for any
misrepresentations regarding a User's age.
5.1.3.
User
Agrees to Implement Appropriate Precautions to Prevent Minors from
Accessing the Website.
You represent and warrant that You will not allow any minor access to
this Website, and further represent and warrant that You will not
facilitate a minor’s access to the Website in any way. You
further agree to implement parental control protections, such as
computer hardware, software, or filtering services, which may help
Users to limit minors' access to harmful material. You acknowledge
that if Your computer can be accessed by a minor, that You will take
all precautions to keep Our Materials from being viewed by minors.
You additionally acknowledge that if You are a parent, it is Your
responsibility, and not Ours, to keep Our erotic content from being
displayed to Your children or wards.
5.2.
Child
Pornography and/or Related Activities Absolutely Prohibited.
WE
HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO
TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC,
PEDERASTIC, OR SIMILARLY-RELATED ACTIVITY.
5.2.1.
Depiction
of Minors Prohibited.
All depictions of all persons on Our Website are of persons over the
age of eighteen (18) as of the date of the production of the
depiction. We take great measures to ensure that no underage models
appear in any of Our materials. You agree and warrant that You will
not display, or in any way facilitate the display, of a minor on Our
Website.
5.2.2.
Users
Seeking Child Pornography Agree to Exit Immediately.
If You seek any form of child pornography (including so-called
"virtual" child pornography), You must exit this Website
immediately. We do not provide this kind of material and We do not
tolerate those who provide this kind of material nor do we tolerate
consumers of this kind of material.
5.2.3.
User
Agrees to Report Anything Appearing to be Child Pornography.
In order to further Our zero-tolerance policy, You agree to report
any images which You have reason to believe depict minors on Our
Website by clicking the 'Support' link at the bottom of this page.
5.2.4.
User
Agrees to Include Evidence With Their Report.
Include with Your report any appropriate evidence, including the date
and time of identification. All reports will be investigated and the
appropriate action will be taken based upon Our reasonable ability to
verify the evidence provided.
5.2.5.
User
Agrees to Website’s Cooperation With Law Enforcement.
We willfully cooperate with any law-enforcement agency investigating
child pornography. If You suspect other outside websites are
participating in unlawful activities involving minors, please report
them to //www.asacp.org.
You agree that We may cooperate in any form with a request for
information from any law enforcement authority, and explicitly waive
any privacy protections or concerns relating to Our transmittal of
Your information, including sensitive personal information where
applicable, to law enforcement authorities.
6.
IMAGES AND CONTENT
6.1.
Website
to Contain Images.
Our Website contains images and content, including but not limited to
text, software, images, graphics, data, messages, and other
information (collectively, "Materials").
6.2.
User
Acknowledges Free Speech Application.
You acknowledge and stipulate that all of the Materials are
expressive content that is fully protected by the First Amendment to
the United States Constitution.
6.3.
User
Consents to View Sexual Content.
You acknowledge and understand that some of the Materials contain
graphic visual depictions of sexual activity and nudity, graphic
audio portions of the same kind of content, and descriptions of
sexually oriented and sexually explicit activities. You acknowledge
that You are aware of the nature of the Materials provided by Our
Website and that You are not offended by such Materials, and to the
contrary, that You are accessing this Website specifically because
You enjoy such expressive content and You wish to view such
Materials. You stipulate that you access this Website freely,
voluntarily, and willingly, and for Your own personal enjoyment.
6.4.
User
Agrees Not to Access the Website If It Would Be Unlawful.
You agree not to use or access the Website if doing so would violate
the laws of Your state, province, or country. You further agree that
it is Your responsibility to become aware of any applicable laws in
your jurisdiction that may affect Your right to view the Website.
6.5.
No
Continuing Waiver for CDA Breaches.
In the event that any court finds that any third party communication
or third party content on Our Website falls outside of the realm of
Section 230 of the Communications Decency Act ("CDA"), this
shall not be deemed to be a waiver of any legal protections provided
by CDA § 230 for any and all other content posted on Our
Website.
6.6 Restriction
on Personal Advertising.
You agree that You will not use Our web site to receive money in
exchange for any sort of in-person activity.
6.7 Mandatory
Report Obligation.
You agree that You will use Our report tool on Our web site to report
any user who requests money in exchange for in-person activity.
7.
RESTRICTIONS ON USE OF WEBSITE
7.1.
User
Agrees to Not Use Website for Purposes Outside the Scope of This
Agreement.
You agree that You will only use the Website for purposes expressly
permitted and contemplated by this Agreement. You may not use the
Website for any other purposes without Our express prior written
consent.
7.2.
User
Needs Explicit Permission From the Website Owners to Perform Specific
Acts.
Without Our express prior written authorization, You may not:
7.2.1.
Duplicate any part of the Website or the materials contained
therein (except as expressly provided elsewhere in this Agreement);
7.2.2.
Redistribute or create any derivative works based on the Website
or any of the materials contained therein. You agree that any such
use is NOT "fair use;"
7.2.3.
Use the Website or any of the materials contained therein for
any public display, public performance, sale or rental, and You
hereby agree and stipulate that any and all such uses are NOT "fair
use";
7.2.4.
Remove any copyright or other proprietary notices from the
Website or any of the Materials contained therein;
7.2.5.
Circumvent any encryption or other security tools used anywhere
on the Website (including the theft of user names and passwords or
using another person's user name and password in order to gain access
to a restricted area of the Website);
7.3.
Acceptable
Use Policy.
You agree and understand that Our Website permits You to use Our
services in order to post content and to communicate with other
Users. We are entitled to investigate and terminate Your User account
if We believe, in Our sole discretion, that You have misused the
Website, or behaved in a way which could be regarded as
inappropriate, unlawful, or illegal. The following is a partial, but
not exhaustive, list of the types of actions that are illegal or
prohibited under this Agreement.
7.3.1.
Unlawful, harmful, threatening, abusive, harassing, defamatory,
invasive of another's privacy or right to publicity, or harmful to
minors in any way, shape, or form;
7.3.2.
Posting content or information that might be considered to be
impersonating another person or legal entity;
7.3.3.
Any posts with personally identifying information about another
person without that person's prior explicit, written consent;
7.3.4.
Posting content or information that constitutes SPAM or bulk
posting of commercial advertisements for commercial interests;
7.3.5.
Posting content or information that infringes upon any
trademark, copyright, or other intellectual property rights of any
party;
7.3.6.
You also agree to immediately cease and desist from any contact
with any person who so requests such cessation;
7.3.7.
You will not "stalk" or otherwise harass any person,
and if any User or other person requests that You cease
communications with them, at any time, for any reason, You will
immediately comply with said request. Further, You stipulate to
liquidated damages of US$50,000.00 per such violation, and You agree
to pay any and all fees incurred in the recovery of this amount,
including attorneys' fees and all associated costs. We expressly
reserve the right, and You stipulate, that We may assign the rights
to sue for these liquidated damages to any third party, including the
party stalked or otherwise harassed by such violation.
7.3.8.
You will not post on this Website any private information such
as address, phone number or any other private identifying
information, about anyone other than Yourself. Further, You stipulate
to liquidated damages of US$50,000.00 per such violation, and You
agree to pay any and all fees incurred in the recovery of this
amount, including attorneys' fees and all associated costs. We
expressly reserve the right, and You stipulate, that We may assign
the rights to sue for these liquidated damages to any third party,
including the party claiming injury by such violation.
7.3.9.
You agree that You will not use Our services in order to collect
any personal data about other Users;
7.3.10.
You agree that You will not use Our services in order to conduct any
illegal activities at all;
7.3.11.
You agree that You will not use Our services in order to view,
transmit, traffic in, or in any other way interact with, provide to
any other person, or receive child pornography in any way;
7.3.12.
You will not use Your profile or any other portion of the Website or
Our services to promote any other business enterprise, unless
otherwise permitted by collarspace.com, nor will you attempt to use
any of Our services to promote an escort service, prostitution,
web-cams, or any other form of related enterprise;
7.3.13.
You agree that You will not use Our services in order to view,
transmit, traffic in, or in any other way interact with, provide to
any other person, or receive obscene materials in any way;
7.3.14.
You agree that You will not use Our services in order to view,
transmit, traffic in, or in any other way interact with, provide to
any other person, or receive drugs or other illegal substances in any
way;
7.3.15.
You will not impersonate any person or entity, and will accurately
represent Your gender in Your profile communications;
7.4.
User
Agrees To Not Use the Website to Send Spam Or Other Commercial
Messages.
You agree not to use any facilities or capabilities of the Website to
solicit the performance of any activity that is prohibited by the
CAN-SPAM Act dealing with illegal distribution of unsolicited
commercial bulk e-mail ("UCBE"), commonly known as "spam,"
nor shall Users forge or use without authorization any mail header
information from any source. Users agree to the Website's Spam
Policy
which is hereby incorporated by reference. Any breach of the
Website's Spam Policy will result in immediate termination of Your
account, and the immediate provision of Your identity and contact
information to the Federal Trade Commission and any other applicable
law enforcement agencies.
8.
DISCLAIMER AND INDEMNIFICATION
8.1.
User
Agrees to Account Termination in Case of Violation of Laws.
If We determine that You or any User has used Our services in
violation of any law, Your ability to use the Website may be
terminated immediately and We have every right to voluntarily
cooperate with law enforcement or private aggrieved parties that We
may be legally compelled to do so. We hereby disclaim any liability
for damages that may arise from any User providing any services for
any purpose that violates any law. You do hereby agree to defend,
indemnify and hold Us harmless from any liability that may arise for
Us should You violate any law.
8.2.
User
Agrees to Indemnify Website from Third-Party Lawsuits Arising from
That User’s Bad Acts.
You also agree to defend and indemnify Us should any third party be
harmed by Your actions or should We be obligated to defend any claims
including, without limitation, any criminal or civil action brought
by any party.
8.3.
User
Agrees to Indemnify Website from Third-Party Lawsuits Arising from
Allegations of Objectionable Content.
Our Website contains material that may be offensive to third parties.
You agree to indemnify and hold Us harmless from any liability that
may arise from someone viewing such material and You agree to cease
review of the Website should You find it offensive.
8.4.
User
Agrees to Indemnify and Hold Harmless the Website from Third-Party
Claims Arising from the User’s Access or Use of the Website.
You agree to defend, indemnify, and hold harmless our company, its
officers, directors, shareholders, employees, independent
contractors, telecommunication providers, and agents, from and
against any and all claims, actions, loss, liabilities, expenses,
costs, or demands, including without limitation legal and accounting
fees, for all damages directly, indirectly, and/or consequentially
resulting or allegedly resulting from Your (or You under another
person's authority - including without limitation to governmental
agencies) use, misuse, or inability to use the Website or any of the
Materials contained therein, or Your breach of any part of this
Agreement. We shall promptly notify You by electronic mail of any
such claim or suit, and cooperate fully (at Your expense) in the
defense of such claim or suit. We reserve the right to participate in
the defense of such claim or defense at Our own expense, and choose
Our own legal counsel; however, We are not obligated to do so.
8.5.
User
Agrees that the CDA Immunity Provision Applies to the Website Owners.
Pursuant to the Communications Decency Act ("CDA"), 47
U.S.C. § 230(c)(1), and court decisions interpreting the scope
of the CDA, You acknowledge and understand that We operate, through
the Website, as an interactive computer service provider. Thus, We
are immune from, and cannot be held responsible for, claims arising
from the publication of third-party content (including third-party
User content), appearing on the Website. We do not create such
content, and We are not responsible for the publication or remarks of
third-parties that may arguably rise to the level of being actionable
under federal or state laws including, but not limited to, the
publication of material that might be considered defamatory, or
violative of privacy or publicity rights. Note that federal law
allows Us to remove any content found to be offensive, defamatory,
obscene or otherwise violative of Our policies, without impacting Our
status as a computer service provider. Nothing contained in this
paragraph is intended to limit or alter the immunity from claims
provided by Section 230 of the Communications Decency Act.
9.
INTELLECTUAL PROPERTY INFORMATION
9.1.
User
Agrees that The Website And Its Name Are Service Marks and/or
Trademarks.
You agree that Collarspace.com and the aforementioned name of the
Website are Our service mark(s) and/or trademark(s).
9.2.
User
Agrees That Products and Services Advertised on the Website May Be
Trademarked By Third Parties.
Other companies' product and service names referenced herein may be
trademarks and service marks of their respective companies and are
the exclusive property of such respective owners, and may not be used
publicly without the express written consent of the owners and/or
holders of such trademarks and service marks.
9.3.
User
Acknowledges That the Website is a Copyrighted Product.
This Website belongs to Us, and we either own or have rights to
display all of the materials thereupon. You may not use any of Our
materials without Our express written consent.
9.4.
Rules
Regarding Uploading of Photographs.
In order to promote Your profile, You may upload photographs of
Yourself. The content of these pictures may be at Your discretion, as
long as they do not violate any of the other terms of this Agreement.
However, collarspace.com reserves the right to reject any image, at
any time, for any reason.
9.4.1.
By uploading any photographs of Yourself, You hereby swear that
You own or control all intellectual property rights with respect to
the uploaded photographs; and,
9.4.2.
You hereby irrevocably grant a non-exclusive right and license
to the Website to:
9.4.2.1.
Reproduce, Transmit, communicate, display, or distribute the
photographs, on or as part of the Website, on other Internet sites,
or elsewhere, for promotional or commercial purposes, by means of any
technology, whether now known or hereafter to become known;
9.4.2.2.
Reproduce Your pictures in digital form of display on the Internet
(alone or in combination with other works, including, but not limited
to, text, data, images, photographs, illustrations, animation,
graphics, video, or audio segments, and hypertext links);
9.4.2.3.
Adapt, modify, or alter Your photographs or otherwise create
derivative works based upon Your photographs; and for all other
reasonable promotional or commercial uses either as part of the
operation of the Website, or as a promotion or operation of any
derivative or related businesses.
10.
LIMITATION OF LIABILITY
10.1.
User
Agrees to Waive Special Damages.
You agree that in no event shall We (or Our licensors, agents,
suppliers, resellers, service providers, or any other subscribers or
suppliers) be liable to You, or any other third party for any direct,
special, indirect, incidental, consequential, exemplary, or punitive
damages, including without limitation, damages for loss of profits,
loss of information, business interruption, revenue, or goodwill,
which may arise from any person's use, misuse, or inability to use
the Website or any of the Materials contained therein, even if We
have been advised of the probability of such damages. This is for any
matter arising out of or relating to this Agreement, whether such
liability is asserted on the basis of contract, tort or otherwise,
even if We have been advised of the possibility of such damages.
10.2.
User
Agrees to Limit General Damages.
In no event shall Our maximum total aggregate liability hereunder for
direct damages exceed the total fees actually paid by You for use of
the Website for a period of no more than one (1) month from the
accrual of the applicable cause or causes of action. Because some
jurisdictions prohibit the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not
apply to You.
11.
DEFAMATION OR INVASIVE MATERIAL POLICY
11.1.
User
Agrees to Permit Review and Possible Removal of Content Posted to the
Website.
We provide an interactive computer service, and thus we have no
liability for user-posted content due to Section 230 of the CDA.
Nevertheless, we recognize that despite this protection, there may
occasionally be content posted by Our Users that is unappreciated by
the subject of the User-posted content. It is not Our intention to
cause anguish to any person nor harm to any entity, nor to allow
through inaction such harm to occur. Accordingly, it is Our policy to
respond respectfully to any complaints about User posted content, or
about content that We might have provided. You therefore agree that
We may, if content posted by You is reported to Us, take any
appropriate action in our sole discretion.
11.2.
User
Agrees to Report Any Content They Feel Damages Them.
If you feel damaged by any User-posted content, or content provided
by Us, You agree to report this content to us by and through Our
reporting tool on the Website. We agree to take reasonable measures
to comply with any reasonable requests. Even if You are a public
official, public figure, or libel-proof person, We do care about Your
feelings and reputation. Therefore, We have instituted this Policy.
11.3.
User
May Also Report Content by Mail or Fax.
You agree that if You have any complaint about any content on Our
Website, including (but not limited to) a complaint or claim of
defamation (libel or slander), invasion of privacy, false light,
trademark infringement, right of publicity claims, or any related or
similar tort, that You will provide notice to Us by mail or fax to:
Collarspace.com
109
Ilsley Avenue, Suite 9
Dartmouth,
Nova Scotia B3B 1S8
Canada
Fax:
(902) 468-4803
11.4.
User
Agrees to An Evaluation Period.
You agree that We shall have ten (10) business days after RECEIPT of
said notice of potentially objectionable content under Sections 11.2
or 11.3 of this Agreement to evaluate Your concerns.
11.5.
Procedure
After Evaluation of User’s Concerns.
After evaluating Your concerns, We will either inform You that We do
not believe Your concern is valid, or We will request Your preference
regarding an opportunity to cure Your concerns. This cure may include
one of the following:
11.5.1.
We may offer to delete the offending material.
11.5.2.
We may offer to modify the offending material.
11.5.3.
We may offer You the opportunity to publish a rebuttal to the
offending material.
11.5.4.
We will engage You and seek any other alternative resolution that
will mitigate Your damaged legal interests - whether or not We are
legally required to do so.
11.5.5.
We may provide You with some or all identifying information We may
have about the actual culprit (if the content was User-posted), but
We are under no obligation to do so, and expressly reserve the right
not to.
11.6.
User
Agrees to Delay Any Legal Action Until After We Have Reviewed a
User’s Complaint.
You acknowledge and agree that upon transmission of Your complaint to
Us, via either Sections 11.2 or 11.3, You will be considered to have
engaged in settlement discussions with Us, and neither party will
initiate formal legal action while non-adversarial resolution is in
progress. You agree that You will not file suit unless and until We
issue a statement to You that We have taken Our final action, and
that no further action will be taken without adversarial proceedings.
At that point, You may proceed with arbitration as provided for under
this Agreement.
11.7.
Legal
Action Waived If User Accepts A Resolution to Their Complaint.
You acknowledge that once You accept any of Our offers of
non-adversarial resolution, that You irrevocably waive any and all
possible claims for any allegedly offending material on Our Website
and that if You do bring any action against Us that You hereby
stipulate that You will bear Your own costs and fees incurred in the
action, regardless of the outcome of that action, and that You
stipulate that Your damages will be limited to $1, and no more, and
that You hereby acknowledge that such amount of $1 is sufficient and
adequate.
11.8.
Website
Reserves Right to Refuse to Answer Unreasonable User Complaints.
You understand that no part of this Agreement obligates Us to go
beyond that required by law. If We believe that Your requests are
unreasonable, We reserve every right to terminate discussions with or
file suit against You to recover any legal fees incurred due to
harassing or unreasonable requests.
12.
TERMINATION
12.1.
User’s
Voluntary Termination of Their Account.
Closing your account voluntarily is accomplished by clicking on "My
Account" on the main menu and then clicking on the "Close
Account" button.
12.2.
Website
May Suspend or Terminate User’s Accounts.
Without limiting other remedies, the Website may immediately issue a
warning, temporarily suspend, indefinitely suspend, or terminate Your
access and use of the Website and refuse to provide Our services to
You at any time, with or without advance notice, if:
12.2.1.
We believe that You have breached any material term of these Terms
and Conditions or the documents it incorporates by reference;
12.2.2.
We are unable to verify or authenticate any information You provide
to Us;
12.2.3.
We believe that Your actions may cause legal liability for You, Our
Users or Us; or
12.2.4.
We decide to cease operations or to otherwise discontinue any
services or options provided by the Website or parts thereof.
12.3.
Website
Not Liable In Case of Termination of a User’s Account.
Further, You agree that neither the Website nor any third party
acting on Our behalf shall be liable to Your for any termination of
Your User account or access to the Website.
12.4.
User
Agrees Not to Re-Register If Their Account is Terminated By the
Website.
You agree that if Your account is terminated by Us, You will not
attempt to re-register as a User of the Website without prior written
consent from Us.
12.5.
User
Must Explicitly Refuse Further E-Mail After Cancellation of Their
Account.
Cancellation of Your account or other business relationships with Us
shall not be deemed to terminate Our relationship with You with
respect to the provision of unsolicited commercial e-mail. This
business relationship is specifically deemed to continue indefinitely
until explicitly terminated by You, by following the automated
procedure specified in section of 12.1 of this document.
13.
GENERAL PROVISIONS
13.1.
Governing
Law.
You agree that this Agreement and all matters arising out of, or
otherwise relating to, this Agreement shall be governed by the laws
of the State of Nevada, excluding its conflict of law provisions. The
sum of this paragraph is that any and all disputes must be, without
exception, brought to court and litigated in Clark County, Nevada.
13.1.1.
All parties to this Agreement agree that all actions or proceedings
arising in connection with this Agreement or any services or business
interactions between the parties that may be subject to this
Agreement shall be tried and/or litigated exclusively in the state
and federal courts located in Clark County, Nevada.
13.1.2.
The parties agree to exclusive
jurisdiction in, and only in, Clark County, Nevada.
13.1.3.
The parties agree to exclusive
venue in, and only in, Clark County, Nevada.
13.1.4.
The parties additionally agree that this choice of venue and forum
is mandatory and not permissive in nature, thereby precluding any
possibility of litigation between the parties with respect to, or
arising out of, this Agreement in a jurisdiction other than that
specified in this paragraph.
13.1.5.
All parties hereby waive any right to assert the doctrine of forum
non-conveniens
or similar doctrines, or to object to venue with respect to any
proceeding brought in accordance with this paragraph or with respect
to any dispute under this Agreement whatsoever.
13.1.6.
All parties stipulate that the state and federal courts located in
Clark County, Nevada, shall have personal jurisdiction over them for
the purpose of litigating any dispute, controversy, or proceeding
arising out of (or related to) this Agreement and/or the relationship
between the parties contemplated thereby.
13.1.7.
Each party hereby authorizes and accepts service of process
sufficient for personal jurisdiction in any action against it, as
contemplated by this paragraph by registered or certified mail,
Federal Express, proof of delivery or return receipt requested, to
the parties address for the giving of notices as set forth in this
Agreement.
13.1.8.
Any final judgment rendered against a party in any action or
proceeding shall be conclusive as to the subject of such final
judgment and may be enforced in other jurisdictions in any manner
provided by law if such enforcement becomes necessary.
13.2.
Mandatory
Arbitration.
If there is a dispute between the parties arising out of or otherwise
relating to this Agreement, the parties shall meet and negotiate in
good faith to attempt to resolve the dispute. If the parties are
unable to resolve the dispute through direct negotiations, then,
except as otherwise provided herein, either party may submit the
issue to binding arbitration in accordance with the then-existing
Commercial Arbitration Rules of the American Arbitration Association.
Arbitral Claims shall include, but are not limited to, contract and
tort claims of all kinds, and all claims based on any federal, state
or local law, statute, or regulation, excepting only claims under
applicable worker's compensation law, unemployment insurance claims,
actions for injunctions, attachment, garnishment, and other equitable
relief. The arbitration shall be conducted in Clark, County, Nevada,
and conducted by a single arbitrator, knowledgeable in Internet and
e-Commerce disputes. The arbitrator shall have no authority to award
any punitive or exemplary damages; certify a class action; add any
parties; vary or ignore the provisions of this Agreement; and shall
be bound by governing and applicable law. The arbitrator shall render
a written opinion setting forth all material facts and the basis of
his or her decision within thirty (30) days of the conclusion of the
arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY
HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
13.3.
Powers
of the Arbitrator.
You agree that the Arbitrator shall have no authority to award any
punitive or exemplary damages; certify a class action; add any
parties; vary or ignore the provisions of this Agreement; and shall
be bound by governing and applicable law. The arbitrator shall render
a written opinion setting forth all material facts and the basis of
his or her decision within thirty (30) days of the conclusion of the
arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY
HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
13.4.
No
Waiver of Right to Arbitration.
You agree that there shall be no waiver of the right to arbitration
unless such waiver is provided affirmatively and in writing by the
waiving party to the other party. There shall be no implied waiver of
this right to arbitration. No acts, including the filing of
litigation, shall be construed as a waiver or a repudiation of the
right to arbitrate.
13.5.
The
First Amendment Applies to Arbitration Proceedings.
You agree that any arbitration tribunal shall consider the First
Amendment to the United States Constitution to be in force and effect
between the parties. Both parties stipulate to the applicability of
the First Amendment's protection of free speech, expression, and
association, and both parties stipulate that case law interpreting
the First Amendment shall be admissible and considered to be binding
authority upon the Arbitrator.
13.6.
Severability.
If for any reason a court of competent jurisdiction or an arbitrator
finds any provision of this Agreement, or any portion thereof, to be
unenforceable, that provision will be enforced to the maximum extent
permissible and the remainder of this Agreement will continue in full
force and effect.
13.7.
Attorneys'
Fees.
In the event any Party shall commence any claims, actions, formal
legal action, or arbitration to interpret and/or enforce any of the
terms and conditions of this Agreement, or relating in any way to
this Agreement, including without limitation asserted breaches of
representations and warranties, the prevailing party in any such
action or proceeding shall be entitled to recover, in addition to all
other available relief, its reasonable attorneys' fees and costs
incurred in connection therewith, including attorneys' fees incurred
on appeal.
13.9.
No
Continuing Waiver.
No waiver or action made by Us shall be deemed a waiver of any
subsequent default of the same provision of this Agreement. If any
term, clause or provision hereof is held invalid or unenforceable by
a court of competent jurisdiction, such invalidity shall not affect
the validity or operation of any other term, clause or provision and
such invalid term, clause or provision shall be deemed to be severed
from this Agreement.
13.10.
Headings.
All headings are solely for the convenience of reference and shall
not affect the meaning, construction or effect of this Agreement.
13.11.
Complete
Agreement.
This Agreement constitutes the entire Agreement between the parties
with respect to Your access and use of the Website and the Materials
contained therein, and Your User account with the Website, and
supersedes and replaces all prior understandings or agreements,
written or oral, regarding such subject matter.
13.12.
Other
Jurisdictions.
We make no representation that the Website or any of the Materials
contained therein are appropriate or available for use in other
locations, and access to them from territories where their content
may be illegal or is otherwise prohibited. Those who choose to access
the Website from such locations do so on their own initiative and are
solely responsible for determining compliance with all applicable
local laws.
14.
STIPULATED LIQUIDATED DAMAGES
14.1.
Liquidated
Damages Agreed To.
In various provisions in this Agreement, We have outlined liquidated
damages amounts to be applied as penalties against You if You violate
these specific provisions. You specifically agree to pay these
amounts. In agreeing to pay liquidated damages, You acknowledge that
this amount is not a penalty, that the actual damages are uncertain
and difficult to ascertain, but that this amount represents the
parties' good faith attempt to calculate an appropriate compensation
based on anticipated actual damages.
14.2.
General
Liquid Damages Amount.
For any breach of a portion of this Agreement that does not
specifically state a liquidated damages amount, You hereby agree that
any breach of this Agreement shall result in liquidated damages of
US$5,000.00 per occurrence. You specifically agree to pay this
US$5,000.00 in liquidated damages.
14.3.
Rights
to Liquid Damages Can Be Assigned.
For any breach of this Agreement resulting in liquidated damages owed
by You, You specifically agree and We expressly reserve the right to
assign Our rights to these liquidated damages to a third party.
14.4.
Reimbursement
of Fees Expressly Permitted.
If We are required to enlist the assistance of an Attorney or other
person to collect any liquidated damages or any other amount of money
from You, or if We are required to seek the assistance of an Attorney
to pursue injunctive relief against You, then You additionally agree
that You will reimburse Us for all fees incurred in order to collect
these liquidated damages or in order to seek injunctive relief from
You. You understand that even a nominal amount of damages may require
the expenditure of extensive legal fees, travel expenses, costs, and
other amounts that may dwarf the liquidated damages themselves. You
agree that You will pay all of these fees and costs.
This
document was prepared for Collarspace.com by Derek B. Brett, Esquire,
Burnside Law Group, Dartmouth, Nova Scotia, Canada.
Nothing
more follows.
