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Untitled Document
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Media Impact LLC web site
located at www.FetishLands.com, and all associated sites linked to www.fetishlands.com by Media
Impact LLC, its subsidiaries and affiliates, including Media Impact LLC sites around the world
(collectively, the “Site”). The Site is the property of Media Impact LLC Inc. (“Media Impact LLC”)
and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT
USE THE SITE.
Media Impact reserves the right, at its sole discretion, to change, modify, add or remove portions
of these Terms of Use, at any time. It is your responsibility to check these Terms of Use
periodically for changes. Your continued use of the Site following the posting of changes will
mean that you accept and agree to the changes. As long as you comply with these Terms of Use,
Media Impact LLC grants you a personal, non-exclusive, non-transferable, limited privilege to
enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music, artwork and computer code (collectively, “Content”), including but not limited to the
design, structure, selection, coordination, expression, “look and feel” and arrangement of such
Content, contained on the Site is owned, controlled or licensed by or to Media Impact LLC, and is
protected by trade dress, copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be
copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web
site or other medium for publication or distribution or for any commercial enterprise, without
Media Impact LLC express prior written consent.
You may use information on Media Impact LLC products and services (such as data sheets, knowledge
base articles, and similar materials) purposely made available by Media Impact LLC for downloading
from the Site, provided that you (1) not remove any proprietary notice language in all copies of
such documents, (2) use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer or broadcast it in any
media, (3) make no modifications to any such information, and (4) not make any additional
representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Site or any Content, to obtain or
attempt to obtain any materials, documents or information through any means not purposely made
available through the Site. Media Impact LLC reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any
other systems or networks connected to the Site or to any Media Impact LLC server, or to any of
the services offered on or through the Site, by hacking, password “mining” or any other
illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the
Site, nor breach the security or authentication measures on the Site or any network connected to
the Site. You may not reverse look-up, trace or seek to trace any information on any other user of
or visitor to the Site, or any other customer of Media Impact LLC, including any Media Impact LLC
account not owned by you, to its source, or exploit the Site or any service or information made
available or offered by or through the Site, in any way where the purpose is to reveal any
information, including but not limited to personal identification or information, other than your
own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Site or Media Impact LLC systems or networks, or any
systems or networks connected to the Site or to Media Impact LLC.
You agree not to use any device, software or routine to interfere or attempt to interfere with the
proper working of the Site or any transaction being conducted on the Site, or with any other
person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of
any message or transmittal you send to Medi aImpact LLC on or through the Site or any service
offered on or through the Site. You may not pretend that you are, or that you represent, someone
else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or other activity which
infringes the rights of Media Impact LLC or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific
portions or features of the Site, including contests, promotions or other similar features, all of
which terms are made a part of these Terms of Use by this reference. You agree to abide by such
other terms and conditions, including where applicable representing that you are of sufficient
legal age to use or participate in such service or feature. If there is a conflict between these
Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any
service offered on or through the Site, the latter terms shall control with respect to your use of
that portion of the Site or the specific service.
Media Impact LLC obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on this Site should be
construed to alter such agreements.
Media Impact LLC may make changes to any products or services offered on the Site, or to the
applicable prices for any such products or services, at any time, without notice. The materials on
the Site with respect to products and services may be out of date, and Media Impact LLC makes no
commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated
herein by this reference:
* Trademark Information
* Copyright Information
Rights and Permissions
Claims of Copyright Infringement
* Piracy Prevention
Report Piracy
* Legal Contacts
Each of these policies may be changed from time to time and are effective immediately upon posting
such changes on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account
(including setting up an Medi aImpact LLC Username and password). You are entirely responsible for
maintaining the confidentiality of your account information, including your password, and for any
and all activity that occurs under your account. You agree to notify Media Impact LLC immediately
of any unauthorized use of your account or password, or any other breach of security. However, you
may be held liable for losses incurred by Medi aImpact LLC or any other user of or visitor to the
Site due to someone else using your Username, password or account.
You may not use anyone else’s Media Imapct LLC Usename, password or account at any time without
the express permission and consent of the holder of that Media Impact LLC Username, password or
account. Media Imapct LLC cannot and will not be liable for any loss or damage arising from your
failure to comply with these obligations.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These
Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under
Media Impact LLC control, and Media Imapct LLC is not responsible for and does not endorse the
content of such Linked Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding your interaction with these
Linked Sites.
Disclaimers
MEDIA IMPACT LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE
WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF
THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND
“AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
MEDIA IMPACT LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MEDIA IMPACT LLC DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDIA IMPACT LLC DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE SITE AND/OR ANY MEDIA IMPACT LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MEDIA IMPACT LLC FOR
DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or transmission,
computer virus, communication line failure, theft or destruction of or unauthorized access to,
alteration of, or use, whether for breach of contract, tort, negligence or any other cause of
action.
Media Impact LLC reserves the right to do any of the following, at any time, without notice: (1)
to modify, suspend or terminate operation of or access to the Site, or any portion of the Site,
for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable
policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Media Impact LLC be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even
if Media Impact LLC has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Media Impact LLC is found to be
liable to you for any damage or loss which arises out of or is in any way connected with your use
of the Site or any Content, Media Impact LLC liability shall in no event exceed the greater of
(1) the total of any subscription or similar fees with respect to any service or feature of or on
the Site paid in the six months prior to the date of the initial claim made against Media Impact
LLC (but not including the purchase price for any Media Impact LLC products or any Membership
agreements), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the
foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Media Impact LLC, its officers, directors, shareholders,
predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless
from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against
Media Impact LLC by any third party due to or arising out of or in connection with your use of the
Site.
Violation of These Terms of Use
Media Impact LLC may disclose any information we have about you (including your identity) if we
determine that such disclosure is necessary in connection with any investigation or complaint
regarding your use of the Site, or to identify, contact or bring legal action against someone who
may be causing injury to or interference with (either intentionally or unintentionally) Media
Impact LLC rights or property, or the rights or property of visitors to or users of the Site,
including Media Impact LLC customers. Media Impact LLC reserves the right at all times to
disclose any information that Media Impact LLC deems necessary to comply with any applicable law,
regulation, legal process or governmental request. Media Impact LLC also may disclose your
information when Media Impact LLC determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and organizations for fraud
protection purposes.
You acknowledge and agree that Media Impact LLC may preserve any transmittal or communication by
you with Media Impact LLC through the Site or any service offered on or through the Site, and may
also disclose such data if required to do so by law or Media Impact LLC determines that such
preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce
these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4)
protect the rights, property or personal safety of Media Impact LLC, its employees, users of or
visitors to the Site, and the public.
You agree that Media Impact LLC may, in its sole discretion and without prior notice, terminate
your access to the Site and/or block your future access to the Site if we determine that you have
violated these Terms of Use or other agreements or guidelines which may be associated with your
use of the Site. You also agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to Media Impact LLC, for
which monetary damages would be inadequate, and you consent to Media Impact LLC obtaining any
injunctive or equitable relief that Media Impact LLC deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies Media Impact LLC may have at
law or in equity.
You agree that Media Impact LLC may, in its sole discretion and without prior notice, terminate
your access to the Site, for cause, which includes (but is not limited to) (1) requests by law
enforcement or other government agencies, (2) a request by you (self-initiated account deletions),
(3) discontinuance or material modification of the Site or any service offered on or through the
Site, or (4) unexpected technical issues or problems.
If Media Impact LLC does take any legal action against you as a result of your violation of these
Terms of Use, Media Impact LLC will be entitled to recover from you, and you agree to pay, all
reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to
Media Impact LLC. You agree that Media Impact LLC will not be liable to you or to any third party
for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes,
will be governed by the laws of the United States and by the laws of the State of California
without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and
venue in the state and federal courts in Santa Clara County, California, and waive any objection
to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1)
year after the cause of action arises, or such claim or cause of action is barred. No recovery may
be sought or received for damages other than out-of-pocket expenses, except that the prevailing
party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute
between Media Impact LLC and you arising out of or in connection with your use of the Site, the
parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable
to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either
party may submit such controversy or dispute to mediation. If the dispute cannot be resolved
through mediation, then the parties shall be free to pursue any right or remedy available to them
under applicable law.
Void Where Prohibited
Media Impact LLC administers and operates the www.fetishlands.com Site from its location in Wayne,
New Jersey USA; other Media Impact LLC sites may be administered and operated from various
locations outside the United States. Although the Site is accessible worldwide, not all features,
products or services discussed, referenced, provided or offered through or on the Site are
available to all persons or in all geographic locations, or appropriate or available for use
outside the United States. Media Impact LLC reserves the right to limit, in its sole discretion,
the provision and quantity of any feature, product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where prohibited. If you
choose to access the Site from outside the United States, you do so on your own initiative and you
are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or
any product or service offered on the Site, in violation of any applicable laws or regulations,
including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary and replaced with a valid provision that best embodies the intent of
these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms
of Use constitute the entire agreement between you and Media Impact LLC with regard to your use of
the Site, and any and all other written or oral agreements or understandings previously existing
between you and Media Impact LLC with respect to such use are hereby superseded and cancelled.
Media Impact LLC will not accept any counter-offers to these Terms of Use, and all such offers are
hereby categorically rejected. Media Impact LLC failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by Media Impact LLC of any
provision or any right it has to enforce these Terms of Use, nor shall any course of conduct
between Media Impact LLC and you or any other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or
remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Media Impact LLC
shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2006-2007 Media Impact LLC. All rights reserved.
Media Impact LLC., 14 Chicopee Dr., Wayne, NJ 07470, USA.
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