|
|
|
Terms and Conditions Welcome to www.dollwizard.com (the site and its owner are each referred to herein as “Doll Wizard”). Access to and use of Doll Wizard is governed by the following terms and conditions (the “Agreement”). By browsing, visiting or otherwise accessing or using Doll Wizard, you accept this Agreement in full. Trademarks. Unless otherwise indicated, all trademarks, service marks, logos and trade dress on Doll Wizard are registered trademarks of Doll Wizard and may not be used without obtaining the prior written permission of the owner. Copyright. Unless otherwise indicated, all material included on Doll Wizard, such as text, graphics, logos, button icons, images, software, and the compilation (meaning the collection, arrangement and assembly) of all materials (collectively, the “Works”) are copyrights of Doll Wizard, are protected by U.S. and international copyright laws and may not be used without obtaining the prior written permission of the owner. By submitting or uploading to Doll Wizard any content, whether video, audio, text (articles, reviews, comments, etc.) or otherwise (collectively, the “User Content”), you are also agreeing to all of the following terms: 1. Internet License. You grant to Doll Wizard, its successors, assigns and licensees a non-exclusive, fully-paid, world-wide, royalty-free license in perpetuity (the “License”) to publicly display, publicly perform, distribute, and reproduce the User Content, in whole or in part, on any medium now in existence or hereafter devised, including but not limited to mobile devices, TV, radio, the internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed, and to sublicense such rights to third parties. Distribution under the License gives Doll Wizard the right to distribute your User Content through any technology now known or hereafter invented, including both streaming and progressive downloading technologies. 2. Your Right to Use the User Content. By submitting your User Content and agreeing to the terms and conditions of this Agreement, you represent and warrant to Doll Wizard the following: A. Unrestricted Right To Grant. You have the legal right and authority to grant the License to Doll Wizard. If you are under the age of eighteen (18), you must have your parent or legal guardian add your User Content on your behalf. B. No Infringement. The rights granted to Doll Wizard under this Agreement, including the public display, public performance, distribution, and reproduction of your User Content, will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal, contractual or property right of any person or entity and that your User Content will not constitute a libel or defamation of any third party. C. Discharge/Payment of Obligations. All of the following have been discharged or paid or will be discharged or paid by you or persons other than Doll Wizard: i. Copyright. All claims and rights of the copyright holders, if any, in literary, dramatic, musical or other material, including stories, plays, scripts, scenarios, themes, incidents, plots, characteristics, dialogue, music, words appearing, used or recorded in your User Content. ii. Contracts. All obligations, of any kind, including, without limitation, licenses or contracts for distribution, exhibition, performance or exploitation of your User Content. D. No Pornographic or Illegal Works. The User Content is not obscene or pornographic, and does not invade privacy rights, exploit the images of individuals under the age of eighteen (18), or in any other way violate applicable laws and regulations. 3. No Liability for User Content. You acknowledge that Doll Wizard does not pre-screen User Content, but that Doll Wizard and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that violates this Agreement or is otherwise objectionable, in the sole judgment of Doll Wizard. You understand that all User Content posted to Doll Wizard or otherwise transmitted is the sole responsibility of the individual who originally posted the User Content. You agree that Doll Wizard will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any User Content posted or otherwise transmitted via the Service. You agree that you must evaluate, and bear all risks associated with the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Doll Wizard reserves the right to preserve and disclose User Content posted to or transmitted via the Services if reasonably necessary to enforce this Agreement, comply with a legal process and/or protect the rights, property, or personal safety of any party. 4. License of Works and Content. You are hereby granted a non-exclusive, revocable license to copy, reproduce, distribute, modify, republish, upload, post or transmit any Works and/or Content for personal, non-commercial use only; provided that you do not delete or change any copyright, trademark or other proprietary notices associated with such Works and/or Content. You may not use any Works and/or Content for any other purpose, including, but not limited to, any commercial purpose, without the prior written permission of Doll Wizard. Modifications or use of the materials for any other purpose would violate the intellectual property rights and other rights of Doll Wizard. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any of the Works and/or Content. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Submission of Unsolicited Ideas. Doll Wizard's policy is not to accept or consider any unsolicited ideas or materials such as remarks, suggestions, ideas, graphics or other information (collectively, “Submissions”). If you send us Submissions regardless of this policy, Doll Wizard shall treat all Submissions as non-confidential and free of any claims of proprietary or personal rights. All Submissions will forever be the property of Doll Wizard, or such entity as Doll Wizard shall indicate, free and clear of any claims by you or others, and may be used by Doll Wizard for any purpose whatsoever, commercial or otherwise, without compensation, payment or any other obligation to anyone, including you. Chat Rooms/Message Boards. Doll Wizards provides users an opportunity to post and exchange information, ideas and opinions (the “Postings”). Postings are the responsibility of the respective posters and do not reflect the views of Doll Wizard. In no event shall Doll Wizard assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on Doll Wizard. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous or otherwise unlawful information. You hereby authorize Doll Wizard to use, and authorize others to use, your Postings in whole or in part, throughout the world in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Doll Wizard will have the right to use and change the Postings in any manner that Doll Wizard may determine. Additionally, Doll Wizard may clear its chat rooms and/or message boards periodically in its sole discretion. Doll Wizard does not allow Postings which contain private or personal information which might identify a user, profanity or obscenities personal attacks on other individuals slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Doll Wizard deems in its sole discretion to be inappropriate for Doll Wizard. The chat rooms/message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Doll Wizard reserves the right to refuse to post, edit, or delete any and all Postings, as well as revoke the privileges of users who do not comply with these terms and conditions. Disclaimer. This Site is provided by Doll Wizard on an "as is" basis. Doll Wizard makes no representations or warranties of any kind, express or implied, as to the operation of Doll Wizard, or the information, content or materials included on Doll Wizard. To the full extent permissible by applicable law, Doll Wizard disclaims all warranties, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement. Doll Wizard does not warrant that Doll Wizard or the server that makes it available are free of viruses or other harmful components. Doll Wizard does not warrant or make any representations regarding the use or the results of the materials on Doll Wizard in terms of their correctness, accuracy, reliability, or otherwise. Doll Wizard has no duty to update Doll Wizard or the content hereof, and Doll Wizard will not be liable for any failure to update such information. Doll Wizard makes no representations regarding the content of any other Web sites that you may access from Doll Wizard. A link to a non-Doll Wizard Web site does not mean that Doll Wizard endorses or accepts any responsibility for the content or use of such Web site. Doll Wizard is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of Doll Wizard or with respect to the information and material contained on Doll Wizard. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. Indemnification. You agree to indemnify, defend and hold harmless, Doll Wizard, its affiliates, and their respective members, officers, directors, employees, agents, licensors, representatives and third party providers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you, including, but not limited to, a breach of any representation or warranty made by you in this Agreement. Doll Wizard reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Doll Wizard in asserting any available defenses. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOLL WIZARD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOLL WIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE USE OF DOLL WIZARD. Acknowledgement. You acknowledge that you have read and understand this Agreement and that this Agreement has the same force and effect as a signed agreement. You are advised to print a copy of this Agreement and keep it with your records. Doll Wizard reserve the right to change the terms and conditions of this Agreement at any time. Copyright©2006, Dollwizard.com. All Rights Reserved.
|