| MyCyber Freaks Terms of Service Thisdocument contains legal information, including the Terms and Conditionsand Code of Conduct applicable to this website. Please read carefully. ThisInternet website is the property of My Cyber Freaks (collectively, the"Company"). TheCompany provides access to this website and any related services provided hereon subject to your compliance with the following Terms& Conditions. These Terms & Conditions constitute anagreement between you and the Company ("Agreement") that governs the relationship between you and the Company with respect to your use of t his website and the related services. Thus, it is important that youread carefully and understand these Terms & Conditions. |
| Subjectto full compliance with the Terms & Conditions, the Company mayoffer to provide certain services and content, as described more fullyon the website (the website and services are collectively referred to herein as the "My Cyber Freaks"). My Cyber Freaks shall include, but not be limited to, any service or content the Company provides to you,including any materials displayed or performed on the website. The Company may change, suspend or discontinue the My Cyber Freaks for any reason, at any time, including the availability of any feature or content. The Company may also impose limits on certain features and services or restrict your access to parts or all of My Cyber Freaks without notice or liability. TRADEMARKAND COPYRIGHT INFORMATION AllMy Cyber Freaks material, including, but not limited to, text, data,graphics, logos, button icons, images, audio clips, video clips, links,digital downloads, data compilations, and software is owned, controlledby, licensed to, or used with permission by the Company and isprotected by copyright, trademark, and other intellectual propertyrights. My Cyber Freaks material is made available solely for yourpersonal, non-commercial use and may not be copied, reproduced,republished, modified, uploaded, posted, transmitted, or distributed inany way, including by e-mail or other electronic means, without theexpress prior written consent of the Company in each instance. You maydownload material intentionally made available for downloading throughMy Cyber Freaks for your personal, non-commercial use only, providedthat you keep intact any and all copyright and other proprietarynotices that may appear on such materials. ©2009My Cyber Freaks. All rights reserved. My Cyber Freaks logo, and related logos are trademarks and/or registered trademarks of My Cyber Freaks. All other trademarks are the property of their respective owners. Thefollowing rules, policies, and disclaimers shall govern and/or apply toyour use of My Cyber Freaks. Youagree, by using My Cyber Freaks, that: (1) you will only use My CyberFreaks for lawful purposes, in compliance with applicable laws, foryourown personal, non-commercial use; (2) you will not restrict or inhibitany other user from using and enjoying the My Cyber Freaks providedhereon (for example, by means of hacking or defacement); (3) you willnot use the My Cyber Freaks to create, upload, or post any materialthatis knowingly false and/or defamatory, inaccurate, abusive, vulgar,obscene, profane, hateful, harassing, sexually oriented, threatening,invasive of one's privacy, or otherwise in violation of any law; (4)you will not post, upload, or create any copyrighted material using theMy Cyber Freaks provided hereon unless you own the copyright in and tosuch material; (5) you will not post, upload, or transmit anyinformation or software that contains a virus, worm, timebomb,cancelbot, trojan horse or other harmful, disruptive, or deleteriouscomponent; (6) you will not post, upload, create, or transmit materialsin violation of another party's copyright or other intellectualproperty rights; (7) you will not utilize any robot, spider, sitesearch/retrieval application, or any other manual or automatedtechnique to scrape, index, data mine, etc., or in any way reproduce orcircumvent the navigational structure or presentation of the My Cyber Freaks, or the contents of such website or services; and (8) you willnotimpersonate any other individual or entity in connection with your useof the My Cyber Freaks. When we provide My Cyber Freaks involving user-posted messages or content,wedo not review every posting, nor do we confirm the accuracy or validityof information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We donot vouch for, nor do we warrant the validity, accuracy, completeness,or usefulness of any message or information posted. The contents of thepostings do not represent the views of the Company, its subsidiaries,or any person or property associated with the Company, the My CyberFreaks, this website, or any other website in the Company’sfamily of websites. If you feel that any posting is objectionable, weencourage you to contact us by email at admin@agnyz.comWe will make every effort to remove objectionable content if we deemremoval to be warranted. Please understand that removal or editing ofany posting is a manual process and might not occur immediately. Wereserve the right to remove (or not) any posted message or content forany (or no) reason whatsoever. You remain solely responsible for yourpostings, and you agree to indemnify and hold harmless the Company andits agents with respect to any claim based upon the transmission ofyour message(s) and/or posting(s). Posting of advertisements, chainletters, pyramid schemes, solicitations, and the like, areinappropriate and forbidden on the My Cyber Freaks (including bulletinboards and chat rooms). Wereserve the right to reveal your identity (including whateverinformation we know about you) without notice to you in order to complywith applicable law, law enforcement agencies, to protect our rights,or protect the rights of other users of My Cyber Freaks. TheCompany grants you a limited, non-sublicensable license to access anduse the My Cyber Freaks and to view, copy and print portions of theMy Cyber Freaks. Such license is subject to these Terms &Conditions, and specifically conditioned upon the following: (i) youmay only view, copy and print portions of the My Cyber Freaks for yourown informational, personal and non-commercial use; (ii) you may notmodify or otherwise make derivative uses of the My Cyber Freaks, or anyportion thereof; (iii) you may not remove or modify any copyright,trademark, or other proprietary notices that have been placed in theMy Cyber Freaks; (iv) you may not use any data mining, robots orsimilardata gathering or extraction methods; (v) you may not use the My CyberFreaks other than for their intended purpose; and (vi) you may notreproduce, prepare derivative works from, distribute or display theMy Cyber Freaks (except for page caching), except as provided herein. Exceptas expressly permitted above, any use of any portion of the My CyberFreaks without the prior written permission of the Company is strictlyprohibited and will terminate the license granted herein. Any suchunauthorized use may also violate applicable laws, including withoutlimitation copyright and trademark laws and applicable communicationsregulations and statutes. Unless explicitly stated herein, nothing inthese Terms & Conditions may be construed as conferring anylicense to intellectual property rights, whether by estoppel,implication or otherwise. This license is revocable at any time. Yourepresent and warrant that your use of the My Cyber Freaks will beconsistent with this license and will not infringe or violate therights of any other party or breach any contract or legal duty to anyother parties, or violate any applicable law. You expressly agree toindemnify the Company against any liability to any person arising outof your use of My Cyber Freaks not in accordance with these Terms& Conditions. Torequest permission for uses of the My Cyber Freaks not included in theforegoing license, you may write to the Company at admin@agnyz.com. Byposting messages, uploading files, creating files, inputting data, orengaging in any form of communication with or through the My CyberFreaks, you are granting the Company a royalty-free, perpetual,non-exclusive, unrestricted, worldwide license to: (1) use, copy,sublicense, adapt, transmit, publicly perform, or display any suchmaterial; and (2) sublicense to third parties the unrestricted right toexercise any of the foregoing rights granted with respect to thematerial. Theforegoing grants shall include the right to exploit any proprietaryrights in such material, including but not limited to rights undercopyright, trademark, service mark, or patent laws under any relevantjurisdiction. MyCyber Freaksis an R Rated site and as such is gear toward adults. We require thatall of our members be 17+ years of age. Nudity is allowed onthis site but pornography isn't. My Cyber Freaks staff will have thefinal say as to what classifies and pornography. Ifyou wish to purchase products or services described in the My CyberFreaks, you may be asked to supply certain information including creditcard or other payment information. You agree that all information thatyou provide will be accurate, complete, and current. You agree to payall charges, including shipping and handling charges, incurred by usersof your credit card or other payment mechanism at the prices in effectwhen such charges are incurred. You will also be responsible for payingany applicable taxes relating to your purchases. In any event you areno longer able to play this game, for any reason, you will not receiveany refund(s) on any products you may have boughten from My CyberFreaks. THECOMPANY MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BYTHIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO TIME, PROVIDETHIRD PARTY MATERIALS ON THIS WEBSITE. NEITHER THE COMPANY, ITS PARENTOR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES, ENDORSE, TAKERESPONSIBILITY FOR, OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION,PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS ON THISWEBSITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND "ASAVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USEOF THIS WEBSITE AND THE MY CYBER FREAKS. THECOMPANY, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NORLIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANYWAY TO THIS WEBSITE, THE MY CYBER FREAKS, OR ANY THIRD PARTY SITES.YOURSOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, THE MY CYBER FREAKS,AND/OR ANY THIRD PARTY SITES IS TO STOP USING THE WEBSITE(S) CONCERNEDAND/OR THOSE SERVICES. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONSCONTAINED IN THIS WEBSITE, THE MY CYBER FREAKS AND/OR ANY THIRD PARTYSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BECORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THESERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OROTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANYREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THEMATERIALS ON THIS WEBSITE, THE MY CYBER FREAKS, OR ANY THIRD PARTYSITESIN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OROTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALLNECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY SUCH MATERIALS. FORTHE AVOIDANCE OF DOUBT, THE COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ONTHIS WEBSITE WILL BE UPDATED (IF AT ALL). Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. The Company reserves the right to limit,in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited. You agree to indemnify, defend, and hold harmless the Company and it's affiliated companies, officers, directors, employees, agents,licensors, and suppliers from and against all losses, expenses,damages, and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. This Agreement is entered into in the State of New York and shall begoverned by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York in the State of New York, and waives any jurisdictional, venue, or in convenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) 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; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint. The Company may terminate or suspend any and all My Cyber Freaks and any registered account immediately, without prior notice or liability, for any reason, including if you breach any of the terms or conditions ofthe Terms & Conditions. Upon termination of your account, your right to use the My Cyber Freaks will immediately cease. If you wish to terminate your account, you may simply discontinue using the My Cyber Freaks. All provisions of the Terms & Conditions which by their nature should survive termination shall survive termination, including,without limitation, ownership provisions, warranty disclaimers,indemnity and limitations of liability. Inthe event that any of the provisions of this Agreement are held by acourt or other tribunal of competent jurisdiction to be unenforceable,such provisions shall be limited or eliminated to the minimum extentnecessary so that this Agreement shall otherwise remain in full forceand effect. This Agreement constitutes the entire agreement between theparties hereto pertaining to the subject matter hereof, and any and allwritten or oral agreements heretofore existing between the partieshereto with respect to the subject matter of this Agreement areexpressly canceled. The Company may modify the terms of this Agreementat any time in its sole discretion by posting a revised Agreement or,in the case of a material modification, by posting notice of suchmodification on a page of this website entitled "Legal Notices" or"Legal Information" (or similar title) before the modification takeseffect. DESIGNATEDAGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT TheDigital Millennium Copyright Act (DMCA) provides a mechanism fornotifying service providers of claims of unauthorized use ofcopyrighted materials. Under the DMCA, a claim must be sent to theservice provider's Designated Agent. If you believe in good faith thatthe Company should be notified of a possible online copyrightinfringement involving any Company website, please notify the Company'sdesignated agent: ServiceProvider: My Cyber Freaks.com Pleasebe aware that, in order to be effective, your notice of claim mustcomply with the detailed requirements set forth in the DMCA. You areencouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sendingyour notice of claim. Tomeet the notice requirements under the Digital Millennium CopyrightAct, the notification must be a written communication that includes thefollowing: A. Aphysical or electronic signature of a person authorized to act onbehalf of the owner of an exclusive right that is allegedly infringed; B. Identificationof the copyrighted work claimed to have been infringed, or, if multiplecopyrighted works at a single online site are covered by a singlenotification, a representative list of such works at that site; C. Identificationof the material that is claimed to be infringing or to be the subjectof infringing activity and that is to be removed or access to which isto be disabled, and information reasonably sufficient to permit us tolocate the material; D. Informationreasonably sufficient to permit us to contact the complaining party,such as an address, telephone number and, if available, an electronicmail address at which the complaining party may be contacted; E. Astatement that the complaining party has a good-faith belief that useof the material in the manner complained of is not authorized by thecopyright owner, its agent or the law; and F. Astatement that the information in the notification is accurate, andunder penalty of perjury, that the complaining party is authorized toact on behalf of the owner of an exclusive right that is allegedlyinfringed. Inaccordance with the Digital Millennium Copyright Act (DMCA) and otherapplicable law, the Company has adopted a policy of terminating, inappropriate circumstances and at Company's sole discretion, registeredaccounts deemed to be repeat infringers. The Company may also at itssole discretion limit access to the My Cyber Freaks and/or terminatetheaccount of anyone who infringes any intellectual property rights ofothers, whether or not there is any repeat infringement. This site offers a free classified listing section. We do not warrantyanything listed nor do we screen any of the people making a listing.Use the classified listing at your own risk. |
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