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TERMS OF USE AGREEMENT
NWO Entertainment, LLC
("AdultBroadcastNetwork.com") operates the
AdultBroadcastNetwork.com Website ("Website"). By using this
Website you indicate your agreement to abide by and to be
bound by these Terms and Conditions of Service ("Terms of
Service"). If you do not agree to the Terms of Service, you
agree that you do not have the right to use this Website.
TERMS AND CONDITIONS OF SERVICE 2. In addition to your other obligations under these Terms of Service and in consideration of your use of this Website you agree that you shall: (I) provide true, accurate, current and complete information about yourself as prompted by the AdultBroadcastNetwork.com registration form or when otherwise requested, and (ii) maintain and promptly update such personal information to keep it true, accurate, current and complete. If you provide any personal information that is untrue, inaccurate, not current or incomplete, or AdultBroadcastNetwork.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AdultBroadcastNetwork.com has the right to suspend or terminate your account and refuse any and all current or future use of AdultBroadcastNetwork.com, or any portion thereof. You understand that by using this Website including its content you may observe content that you might consider offensive, indecent or objectionable. Under no circumstances will AdultBroadcastNetwork.com be liable for such submitted content, or for any loss or damage resulting from such submitted content. 3. Personal information about you is subject to our privacy policy. For more information, please see our full privacy policy posted on this Website. 4. You agree that you will not use AdultBroadcastNetwork.com to: (a) e-mail or upload or post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a AdultBroadcastNetwork.com director, officer, employees or other AdultBroadcastNetwork.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through AdultBroadcastNetwork.com; (e) upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights ("Intellectual Property Rights") of any party; (g) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, (h) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (I) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other AdultBroadcastNetwork.com users are able to type, or to otherwise act in any manner that negatively affects the ability of other AdultBroadcastNetwork.com users to engage in real time exchanges; (j) interfere with or disrupt AdultBroadcastNetwork.com or its servers or networks connected to AdultBroadcastNetwork.com, or disobey any requirements, procedures, policies or regulations of networks connected to AdultBroadcastNetwork.com; (k) intentionally or unintentionally violate any applicable local, state, national or international laws, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (l) "stalk" or otherwise harass another; or (m) collect or store personal data about other users. You acknowledge that AdultBroadcastNetwork.com does not pre-screen content, but that AdultBroadcastNetwork.com and its designees shall have the right, but not the obligation, in their sole discretion to refuse or move any content that is available via AdultBroadcastNetwork.com. Without limiting the foregoing, AdultBroadcastNetwork.com and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that AdultBroadcastNetwork.com may preserve content and may also disclose content if required to do so by law or if such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of AdultBroadcastNetwork.com, its users and the public. You understand that the technical processing and transmission of AdultBroadcastNetwork.com, including your content, if any, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 5. Recognizing that the Internet is international in scope, you agree to comply with all local rules regarding online conduct and acceptable Content. You also agree that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 6. You are welcome to post, transmit or submit messages (collectively "Messages") to bulletin boards, chat areas or other public areas within, or in connection with, this Website (collectively "Forums"). We accept no responsibility whatsoever for claims arising from or relating to such Messages. We do not endorse and have no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE as to the content of Messages in the Forums or the accuracy and reliability of any Messages or other materials in the Forums. However, AdultBroadcastNetwork.com, in our sole discretion, reserves the right to prevent you from submitting Materials to Forums and also to edit, restrict or remove Messages for any reason at any time. b. We assume no responsibility for actively monitoring Forums for inappropriate Messages. AdultBroadcastNetwork.com may, at any time, and in our sole discretion, choose to monitor the Forums, nevertheless we do not assume any responsibility for the content of the Messages, any obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that we accept no liability whatsoever if we prevent your Messages from being submitted or if we edit, restrict or remove your Messages. You also agree to permit any other user of this Site to access, view, store, or reproduce your Messages for that other user's personal use and not to restrict or inhibit the use of this Site by any other person. Children under the age of 18 are not authorized to post messages or participate in Forums on this Site. You agree that all Messages and Submissions (as defined below) submitted by you become our property without compensation to you and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as we see fit in our sole discretion. You acknowledge and agree that all Messages and Submissions may be routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to such Messages and Submission. You acknowledge that the Forums are forums for public and not private communications. Please keep in mind that whenever you disclose personal information online such information can be collected and used by people you do not know. We cannot and do not guarantee the security of any information you disclose online; YOU MAKE SUCH DISCLOSURES AT YOUR OWN RISK. AdultBroadcastNetwork.com reserves the right to turn over to law enforcement officials all Messages and Submissions, emails, or other postings by you that are in violation of these Terms of Service or applicable law. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using this Site in violation of the law. 7. All materials sent by you to us, including, but not limited to, videos, posting to chats, survey responses, message board material, contest entries and similar items, scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts (collectively, "Submissions") whether unsolicited or solicited shall be deemed and shall remain our sole property in perpetuity without compensation to you of any kind and you hereby automatically grant us by assignment the entire right, title and interest in and to such Submissions and you specifically acknowledge that the Submissions may be edited for use. You also waive all so-called "moral rights" in all Submissions. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. You further waive the right to make any claims against us relating to Submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality. 8. You agree to indemnify and hold harmless AdultBroadcastNetwork.com, and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees, agents, and contractors as wells their respective successors, licensees and assigns from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, or transmit through AdultBroadcastNetwork.com, your use of AdultBroadcastNetwork.com, your connection to AdultBroadcastNetwork.com, your violation of these Terms of Service, or your violation of Intellectual Property Rights, or any other rights of another. 9. You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of AdultBroadcastNetwork.com, any use of AdultBroadcastNetwork.com, or any access to AdultBroadcastNetwork.com. 10. AdultBroadcastNetwork.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, AdultBroadcastNetwork.com (or any part thereof) with or without notice. You agree that AdultBroadcastNetwork.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of AdultBroadcastNetwork.com. 11. Your communications or business dealings with, or participation in promotions of, advertisers found on or through AdultBroadcastNetwork.com, including payment of money or other consideration and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AdultBroadcastNetwork.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on AdultBroadcastNetwork.com. 12 AdultBroadcastNetwork.com may provide, or third parties may provide, links to other world wide web sites or resources on this Website. Because AdultBroadcastNetwork.com has no control over such sites and resources, you acknowledge and agree that AdultBroadcastNetwork.com shall not be responsible for the availability of such external sites or resources, and that AdultBroadcastNetwork.com does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that AdultBroadcastNetwork.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 13. You acknowledge and agree that AdultBroadcastNetwork.com and any necessary software used in connection with the AdultBroadcastNetwork.com site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through AdultBroadcastNetwork.com or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AdultBroadcastNetwork.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on AdultBroadcastNetwork.com or the Software, in whole or in part. AdultBroadcastNetwork.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not, and do not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to AdultBroadcastNetwork.com. You agree not to access AdultBroadcastNetwork.com by any means other than through the interface that is provided by AdultBroadcastNetwork.com for use in accessing the AdultBroadcastNetwork.com site. 14. DISCLAIMER OF WARRANTIES 15. LIMITATION OF LIABILITY . YOU EXPRESSLY UNDERSTAND AND AGREE THAT AdultBroadcastNetwork.com 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 AdultBroadcastNetwork.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE AdultBroadcastNetwork.com; (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 AdultBroadcastNetwork.com; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AdultBroadcastNetwork.com; OR (v) ANY OTHER MATTER RELATING TO AdultBroadcastNetwork.com. 16. EXCLUSIONS AND LIMITATIONS. 17. Notices to you may be made via either e-mail or regular mail. AdultBroadcastNetwork.com may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on AdultBroadcastNetwork.com. 18. All materials published on this Site
(including but not limited to articles, photographs, images,
illustrations, audio clips and video clips) are protected by
copyrights which are owned and controlled by
AdultBroadcastNetwork.com or the party credited as the
provider of the material. You shall abide by all copyright
notices and other restrictions contained in any material
accessed through this Site. No material from this Site may
be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way, except that you may
download one copy of the materials on any single computer
for your personal, noncommercial home use, and may print one
hard copy of the material on this Site for your personal,
noncommercial use, provided you keep intact all copyright
and other proprietary notices. Additionally, you may use the
copy to blog function for materials on this site in
conformity with the provisions thereof. You acknowledge that
you do not acquire any ownership rights by downloading or
printing copyrighted material. Modification of the materials
or use of the materials for any purpose other than personal,
noncommercial use is a violation of the respective owners'
copyrights and other proprietary rights. The use of any such
material on any other Web site or networked computer
environment is prohibited unless other stated on this
Website. All trademarks, service marks, and trade names are
proprietary to AdultBroadcastNetwork.com or the other
designated owner of a posted mark. Elements of this Site are
protected by trade dress and other laws and may not be
copied or imitated in whole or in part. 19. The Terms of Service constitute the entire agreement between you and AdultBroadcastNetwork.com, governs your use of AdultBroadcastNetwork.com and supersedes any prior agreements between you and AdultBroadcastNetwork.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Service and the relationship between you and AdultBroadcastNetwork.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and AdultBroadcastNetwork.com agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of New York. The failure of AdultBroadcastNetwork.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of AdultBroadcastNetwork.com or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. 20. Please report any violations of the Terms of Service to us at Police@AdultBroadcastNetwork.com.
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