- Grant of Limited License by PTYsocial.com to You.
PTYsocial.com offers some user-provided and edited information, as well as computer-generated content. Subject to your compliance with all the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, PTYsocial.com grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Site (and the underlying software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under this Agreement.
- Restrictions of Limited License.
Unless PTYsocial.com otherwise notifies you or restricts your use of this Site, you may freely post and edit content, including forms, comments, and listings to and at this Site. You agree that all such posts and edits shall reasonably relate to the topic of information intended for the pages to which you post or edit content.
Unless you have a separate written agreement with PTYsocial.com authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Site to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Site or otherwise attempt to discover or re-create the source code to the Site; (iii) comply with all applicable laws in using or accessing the Site; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of PTYsocial.com or its suppliers in any portion of the Site.
- Grant of Limited License by You to PTYsocial.com
With respect to any content (including, without limitation, any comments, reviews, information, or other text or images) you post to this Site (“Your Content”), you agree and hereby grant to PTYsocial.com a perpetual, royalty free and non-exclusive right and license to publish Your Content on the Site or on any other Site or in any other media throughout the universe. PTYsocial.com may reproduce, modify, adapt, distribute and/or publish any of Your Content for any reason, in any media, at any time. For example, PTYsocial.com may utilize Your Content for online or offline advertising which promotes PTYsocial.com or the Site, without any royalty or payment being owed to you. Similarly, PTYsocial.com may license Your Content to third parties, without any royalty or payment being owed to you.
You represent, warrant, and guarantee that you have the full right, ability, and authority to post Your Content to the Site and grant this license to PTYsocial.com.
- Content Accessible Through the Site.
The Site contains a variety of information, data, messages, directions, computer programs, pictures, audio/visual works, and other materials (the “Content”) that end users post and or create. Please use caution and common sense when viewing the Site. You understand and agree that any Content posted on the Site is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Site. You acknowledge that PTYsocial.com is not responsible for, does not control, does not endorse, and does not verify the Content posted to the Site or available through the Site, and that it makes no guarantee regarding the reliability, accuracy, legitimacy, or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will PTYsocial.com be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Site.
- This Site is not Intended for Children.
Persons under the age of eighteen (18) years do not have a license to use this site and should leave immediately. Please note that because end users can post Content through the Site without PTYsocial.com’s approval, some Content may be considered inappropriate and harmful to minors.
- No Pre-Screening or Regular Screening of Content.
You acknowledge that PTYsocial.com does not pre-screen content but agree that PTYsocial.com shall have the right (but not the obligation) to review, access, re-arrange, modify, and remove or restrict access to any Content on the Site in its sole discretion and without notice or compensation. Without limiting the foregoing, PTYsocial.com shall have the right to access and remove or restrict access to any Content that violates this Agreement or that PTYsocial.com believes is otherwise objectionable, in its sole discretion and without previous notification.
- User Conduct.
You agree to not use the Site to:
(a) violate or solicit the violation of any applicable local, state, national or international law;
(b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
(c) upload, post, email or otherwise transmit any Content that:
(1) is unlawful, threatening, abusive, tortuous, defamatory, obscene, libelous, or invasive of another’s privacy;
(2) consists of instructional information on illegal or criminal activities, including, but not limited to, hacking, cracking, and breaking;
(3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, audios, photographs, texts, videos, designs or artwork;
(4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;
(5) is the private information of another person or entity such as their pictures, addresses, phone number, website, email, Social Security number or credit card number;
(6) contains software viruses, Trojan horses or any other computer code, data, files or programs designed to steal, retransmit, interrupt, delete, destroy or limit the functionality of any content and computer software or hardware or telecommunications equipment; or
(7) you do not have a right to upload or post due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, an PTYsocial.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers, filenames, date stamps, metadata or otherwise manipulate identifiers in order to disguise the origin or real owner of any Content transmitted through the Site;
(f) interfere with or disrupt the Site, computer servers or boards accessible through the Site; and
(g) disseminate off-topic messages on boards or comments promoting any product, service, web site, or venture, on the Site or through unsolicited electronic mail messages (known as spam) to users of the Site or other third parties.
If you use the Site to commit any of the above offenses, PTYsocial.com may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Site and remove any Content you posted to the Site. If you violate any laws, PTYsocial.com may report you to applicable authorities. PTYsocial.com will respond to lawful subpoenas.
- Reservation of Rights.
PTYsocial.com and its suppliers reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized disclosure or use.
- Your Registration and Account.
(a) Registration Obligations.
In consideration for access to certain portions of the Site, you may be required to provide PTYsocial.com with certain information (“Registration Data”). You agree that the Registration Data you provide: (1) is true, accurate, current, and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. PTYsocial.com reserves the right to terminate your use of the Site and refuse to provide you with any and all current or future use of the Site if PTYsocial.com, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
(b) Account Security.
You may obtain a username and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities, charges and/or liabilities that occur under your username and password or account number whether or not authorized by you. You will immediately notify PTYsocial.com of any unauthorized use of your username or any other breach of security. PTYsocial.com cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
(c) Information Collection and Privacy.
If you would like information regarding our information collection practices, please refer to our Privacy and Information Collection Policy at PTYsocial.com/privacy-policy.
- DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY INFORMATION CONTAINED THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, PTYSOCIAL.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER PTYSOCIAL.COM NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING. PTYSOCIAL.COM AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE PTYSOCIAL.COM, ITS PARENTS AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF PTYSOCIAL.COM, ITS PARENTS OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION
- LIMITATION OF PTYSOCIAL.COM’S LIABILITY.
IN NO EVENT SHALL PTYSOCIAL.COM OR ANY OF ITS PARENTS, AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR CONTENT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from PTYsocial.com to effectuate such termination. Additionally, PTYsocial.com may terminate this Agreement at any time and for any reason and may affect notice of such termination through any means, including but not limited to disabling or removing your account, deleting your posted data, posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must stop using the Site.
- Your Indemnification of PTYsocial.com.
You agree to hold harmless, defend, and indemnify PTYsocial.com, its parents, officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys’ fees, that are due to, or that arise from your use or misuse of the Site and/or Site, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate without restrictions with us in such event.
- Spam and Acceptable Use.
While we encourage you to refer contacts, friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable and lawful Internet use and behavior. In particular, you may not use the Site, name, trademarks, or other intellectual property of PTYsocial.com in conjunction with the sending of unsolicited e-mail, or cause to be used PTYsocial.com equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that the Site’s network addresses or PTYsocial.com services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with PTYsocial.com include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (or other interactive instant messaging services) or other online forums. Incidents of “spamming” or similar inappropriate behavior should be reported to PTYsocial.com immediately.
Any comments or materials sent to PTYsocial.com including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other products or programs of PTYsocial.com (collectively “Feedback”), is non-confidential. PTYsocial.com has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, PTYsocial.com is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating such Feedback.
All written notices to PTYsocial.com shall be delivered via the contact form. PTYsocial.com may provide notices of changes to this Agreement or any other matter by displaying notices to generally on the Site. PTYsocial.com may change its addresses (e-mail or mailing) at any time and without notice.