1. Acceptance of the Agreement; Eligibility; Registration. By accessing or using the Website in any way, You agree to and are bound by the Agreement. Should you object to any term or condition of the Agreement, do not access or use the Website. Use of the Website, and registration for the Email List on the Website, is void where prohibited. By using the Website in any way, You represent and warrant that: a. You are at least 18 years of age, and able to form legally binding contracts under applicable law; b. all personal identifying information You submit is true, current, accurate, and complete; and c. Your use of the Website does not violate any law or regulation.
3. Blog Comments
a. “Blog Comments” means materials, data, information, or other content that a user posts in a comments section of a blog post on the Website. The Company does not claim ownership of Blog Comments. However, You grant the Company a worldwide, royalty-free, nonexclusive, transferable, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate any Blog Comments You post.
b. You agree that as between You and the Company, You, not the Company, are entirely responsible for Blog Comments that you post on the Website. You assume all risks associated with use of Your Blog Comments, including any reliance on its accuracy, completeness or usefulness.
c. By posting any Blog Comments to the Website, You represent and warrant that Your Blog Comments do not violate any patent, trademark, copyright, trade secret, or other intellectual property right of a third party.The Company has no obligation to store any Blog Comments. The Company has no responsibility or liability for the deletion or accuracy of Your Blog Comments, the failure to store, transmit or receive transmission of Blog Comments, or the security, privacy, storage or transmission of other communications originating with or involving use of the Web site. The Company may remove Your Blog Comments from the Website at any time and for any reason.
4. Use of the Website. a. You agree to use the Website only for purposes that are permitted by the Agreement and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (“Law”). b. You agree not to access or attempt to access the Website by any means other than the interface provided by the Company or circumvent any access or use restrictions put into place to prevent certain uses of the Website. c. You agree to abide by all applicable local, state, national, and international laws and regulations. By way of example, and not as a limitation, You agree to refrain from posting Blog Comments that:
(1) are defamatory, illegal, profane, inflammatory, intimidating, harassing, fraudulent, infringing, knowingly false, misleading, libelous, or promotes illegal activities;
(2) could harm, disable, overburden, or impair the Website;
(3) infringe a third party’s patent, trademark, copyright, trade secret, contract, privacy, publicity, or other proprietary rights; and
(4) contain software viruses, or similar programs or code, which cause loss of data or malfunctioning of computer software, hardware, or telecommunications equipment.
You still further agree not to use the Website in any manner prohibited by the Company. The following activities are examples of the kind of activities You are prohibited from conducting using the Web site. They are exemplary, and in no way meant to limit the definition of prohibited activities. You are prohibited from:
(5) Harvesting or collecting email addresses or other personal identification information of Users to send emails or other unsolicited communications;
(6) Using automated scripts to interact with the Website, harvest information from the Website, or the like;
(7) Impersonating any person or entity, or providing false or fraudulent information about Yourself, Your age, or Your affiliation with any person or entity;
(8) Soliciting personal information or other identifying information from anyone under the age of 18;
(9) Using the Web site to conduct, encourage, attempt, or assist another in conducting tortuous, criminal, or otherwise unlawful activities; and
(10) Attempting to gain unauthorized access to the Website and/or computer systems and networks of the Company, its affiliates, agents, or partners, including, without limitation by circumventing, modifying, attempting to circumvent or modify, interfere with any security technology or software.
5. The Company’s Intellectual Property.
a. Copyright and other intellectual property laws and treaties protect the content and all other aspects of the Website. All rights in the content of the website, including text, photos, etc. are reserved by the Company. You may not use the content without first obtaining written consent of the Company.
b. UNZIPPED, UNZIPPED SEX, TECH & THE LAW, SEX TECH PATENT INDEXXX, and other Company designs, slogans, graphics, and symbols are trademarks, service marks, and/or trade dress belonging exclusively to the Company. You may not use, copy, or modify such trademarks, service marks, and trade dress for use in a confusingly similar manner without first obtaining written consent of the Company.
c. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
6. Copyrights and Other Third Party Intellectual Property. You may not use the Web site to violate any third party’s intellectual property rights, including patent, trademark, copyright, trade secret, publicity, privacy, contract, or other proprietary rights. You represent and warrant that You will not post Blog Comments the Web site, which violate or infringe any intellectual property or proprietary rights of a third party. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c), if You believe that Your work has been posted, modified, distributed, reproduced or otherwise copied on or through the Website in a way that constitutes copyright infringement, for the Company to remove or disable the material, please send a Notification to the Company’s Copyright Agent, which includes the following information:
a. Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of a copyrighted work, which is alleged to be infringed.
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works.
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
d. Information reasonably sufficient to permit the Company to contact You, such as an address, telephone number, and, if available, an email address.
e. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the Notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work, which is alleged to be infringed.
The Notice should be sent either by email to: CopyrightAgent@SexTechLaw.com with “Attn: Notification to Copyright Agent” in the subject line, or by mail to: Attn: Notification to Copyright Agent Unzipped Media, Inc. 2 North LaSalle Street, 14th Floor, Chicago, IL 60602.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g), if You believe that any material You have posted to the Website has been mistakenly removed or disabled, or that the material does not, in fact, violate or infringe the copyright rights of another, please send a written Counter-Notification to the Company’s Copyright Agent, which includes the following information:
a. Your physical or electronic signature.
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
c. A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d. Your name, address, and telephone number.
e. A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which the service provider may be found, and that You will accept service of process from the person who provided the Notice of copyright infringement or an agent of such person.
The Counter-Notification should be sent either by email to: CopyrightAgent@SexTechLaw.com with “Attn: Counter-Notification to Copyright Agent” in the subject line, or by mail to: Attn: Counter-Notification to Copyright Agent Unzipped Media, Inc. 2 North LaSalle Street, 14th Floor, Chicago, IL 60602.
Please note that the above-described procedures are regulated by statute. Sending a Notice or Counter-Notice to the Company, when such allegation is in bad faith or otherwise false, can cause You to be liable for damages, attorney fees, costs, and can be perjury. Speaking to an attorney before You send a Notice or Counter-Notice may help You understand Your rights. The Copyright Agent will not remove content from the Web site in response to phone or notifications not in compliance with the above-stated requirements regarding allegedly infringing content. The Copyright Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Website or in connection with the Website. All other inquiries directed to the Copyright Agent will not be responded to. Such other inquiries should be made through the report abuse procedure referenced in Section 14 or the feedback submission procedure referenced in Section 15.
7. NO WARRANTY; LIABILITY LIMITATIONS.
a. YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEB SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS “WITH ALL FAULTS”, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEB SITE OR SERVICE.
b. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM: YOUR USE OF THE WEBSITE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEB SITE, YOUR OR ANOTHER USER’S MISUSE OF THE WEB SITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEB SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER FOR USE OF THE WEBSITE. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES.
c. The Company does not guarantee the accuracy or timeliness of information available from the Website. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. The Company expressly disclaims any liability for the Website being unavailable, interrupted, inoperable, unreliable, or containing viruses, bugs, errors, or defects. The Company is further not responsible for the Website being inaccurate, incomplete or out-dated, or containing or providing inaccurate, incomplete, or out-dated information, materials, or software. The Company has no obligation to correct any of the aforementioned occurrences. d. The Company is not responsible for the Website containing Blog Comments that are offensive, obscene, illegal, or the like. The Company is not responsible for the actions of Users on the Website as the Company has no control over them.
8. Third Party Sites. The Website may contain links, posted by the Company or Users, to Third Party Websites or materials belonging to or originating from third parties. The Company does not investigate such Third Party Web sites. THE COMPANY DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED THIRD PARTY WEB SITES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. Except as expressed stated otherwise herein, This Agreement does not apply to Third Party Web Sites, so if You leave the Site through a link or otherwise, You should review the particular third party website(s)’s terms and policies. f. The limitations and exclusions apply to anything related to this Agreement, for example: The Website and Services. Loss of data. Content (including code) on third-party web sites, third-party programs, or third-party conduct accessed via the Website. Viruses or other disabling features that affect Your access to or use of the Web site. Incompatibility between the Website and other services, software, and hardware. Delays or failures You may have in starting or completing transmissions or transactions in connection with the Web site in an accurate or timely manner. Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (including negligence or breach of statutory duty); or misrepresentation. The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. Some or all of these limitations or exclusions may not apply to You if Your state, province, or country does not allow the particular exclusion or limitation.
9. Indemnity and Hold Harmless. You agree to hold harmless, indemnify, and at the Company’s request, defend, the Company, its subsidiaries, and affiliates, and their respective officers, directors, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs, or expenses, including reasonable attorneys fees made by any third party due to or arising out of Your use of the Website, any Blog Comments You post to the Website, Your violation or breach of this Agreement, and/or Your violation of any law, regardless of whether such third party is successful.
10. Changes to the Website and/or Services. The Company may change the Website or delete content or features at any time for any reason. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website or one or more particular features of the Website.
11. Termination. If You do not agree to these Terms of Service, You shall promptly discontinue use of the Website. However, any perpetual licenses You have granted (e.g. to any Blog Comments You posted), any of Your indemnification and hold harmless hereunder, any of the Company’s disclaimers or limitations of damages of liabilities hereunder will survive any termination or expiration of the Agreement.
13. User Disputes. The Company reserves the right to monitor, and intervene in disputes between and among Users, in the Blog Comments sections of the Website. However, the Company is in no way obliged to monitor for or intervene in such disputes. If there is a dispute between Users of the Website, or between Users and any third party, You understand and agree that the Company is under no obligation to become involved. You are solely responsible for Your conduct while using the Website. In the event that You have a dispute with one or more other users, You hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.
14. General legal terms.
a. Interpreting the Agreement. All parts of this Agreement apply to the maximum extent permitted by relevant law. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the Agreement between You and the Company regarding the Website. This Agreement supersedes any prior contract or oral or written statements regarding Your use of the Web site. Any failure by the Company to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver of that provision or right. The Agreement’s section titles don’t limit its terms.
b. Assignment and transfer. The Company may assign, transfer, or otherwise dispose of its rights and obligations under the Agreement, in whole or in part, at any time without notice. You may not assign this Agreement or transfer any rights to use the Website.
c. No third-party beneficiaries. This Agreement is solely for Your and the Company’s benefit. It is not for the benefit of any other person, except for permitted successors.
d. Notices. Any notice provided to the Company pursuant to the Agreement should be sent to: Unzipped Media, Inc., 2 North LaSalle Street, 14th Floor, Chicago, IL 60602, or by email to Maxine@SexTechLaw.com. The Company may provide You with notices, including those regarding changes to the Agreement, by email, regular mail, text message, postings on or within the Service, or other reasonable means now known or hereafter developed. Notices emailed to You will be deemed given and received when the email is sent. If You don’t consent to receive notices electronically, You must stop using the Service. e. Choice of Law; Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or Your use of the Web site be initiated and maintained only in the state and federal courts located in Albany County, New York (USA), and You further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Any action by You against the Company hereunder shall be brought within one (1) year after the claim arose, or be barred. Notwithstanding the foregoing, in the event of Your or others’ unauthorized access to or use of the Services or Materials in violation of the Agreement You agree that The Company shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
15. Report Abuse. The Company treats all abuse reports concerning the Website extremely seriously. It is within the Company’s sole discretion whether to enforce the Agreement in response to any particular complaint. If the Company does not act, it is not considered a waiver of any right to do so in the future. If You believe a User has violated any of the terms of the Website (other than by Copyright Infringement, which is dealt with in Section 6 of this Agreement), please submit the following to Maxine@SexTechLaw.com:
(1) Your full legal name;
(2) Your mailing address and telephone number;
(3) Your email address;
(4) The name and date of the blog post.
If you have a URL for the page on which you believe the violation occurred, please include it. The Company may remove User Content at its discretion, if You provide a detailed description and evidence that the User violates the Company’s Agreement. The Company will review all complaints, but please note, the Company is not obligated to remove User Content, an Account, or Associated Account that violates the Agreement, nor do these rules create any third party rights or any private right of action.
16. Feedback. The Company does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, suggestions or other works (“Submissions”) in any form to the Company or any of its employees. This policy is in place to avoid potential misunderstandings or disputes when the Company’s products, services or marketing strategies might appear similar to ideas submitted to the Company. If, despite our request that You not submit your ideas, you still submit them, then regardless of what Your letter says, the following terms shall apply to Your Submissions. You agree that:
(1) Your Submissions and their contents will automatically become the property of the Company, without any compensation to you;
(2) the Company may use or redistribute the Submissions and their contents for any purpose and in any way;
(3) there is no obligation for the Company to review the Submission;
(4) there is no obligation to keep any Submissions confidential; and
(5) the Company may file for patents, trademarks, copyrights or other intellectual property protection on intellectual property (inventions, creative works, etc.) shown or described within Your Submission, and You agree that, upon the request and at the expense of the Company, You will execute and deliver any papers, make all rightful oaths, and perform all other lawful acts deemed necessary or desirable by the Company, and its legal representatives, to secure, maintain, and enforce patent or other intellectual property protection, and for vesting title to such intellectual property in the Company.
The Company does, however, welcome and appreciate Your feedback regarding many areas of the Company’s existing business. If you would like to send the Company Your feedback, please provide only specific feedback on the Company’s existing products or marketing strategies; do not include any ideas that the Company’s policy will not permit it to accept or consider. Any feedback You provide shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis.