Gothic Profiles Terms Of Service

Please read the following terms of service carefully.
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I, the User, regardless of the manner that I access the site, as owned and operated by GothicProfiles.com, hereinafter known as the "Service," do hereby state and affirm that: 1. I agree to be irrevocably bound by this TERMS OF SERVICE ("TOS"). I further state that I am in compliance with the terms and conditions, have read, and fully understand the nature and content of this TOS. I understand that my access to this site and the use of the services contained therein is governed by the rules outlined below. 2. I understand that the Service reserves the right to refuse to allow access to anyone for any reason. And my cancel an account at will WITHOUT explanation or consequence. 3. I am over 21 (twenty-one) years of age [or of the legal for viewing adult material in the jurisdiction in which I live, but under no circumstances under the age of 18 (eighteen)] 4. I am aware that this web site may contain explicit adult oriented material, which is unsuitable for minors. 5. Explicit adult oriented material does not offend me in any way, form or manner. 6. The city, county, state, province, country or commonwealth within which I reside considers it lawful to obtain, view, own or otherwise examine explicit adult oriented material. 7. I am aware that while the Service may, in its sole and complete discretion, review, screen, or edit any material posted to website by users or members, the Service in no event shall assume or have responsibility for or any liability from any postings or of any other submissions to the website or for any claims, damages or losses resulting from the use and/or appearance of such member or user posted material on the website. Such postings in no way reflect the views of the Service or any of its affiliates, employees, heirs or assigns. 8. I desire to view explicit adult oriented material and agree not to use any such material, or any other material, the use of the Service itself, or access to the Service in any commercial or professional manner. 9. I am not a member, officer, official or agent of any State, Federal, Code, Law enforcement agency, Commerce, telecommunications company or service, or acting as an agent or third party of, or for, those stated agencies either in concert, whether of a disclosed or undisclosed nature or acting in any capacity whatsoever. 10. I acknowledge that the Service will rely upon the representations made by me in whole and in part. I understand that furnishing false information constitutes fraud and submitting misrepresented or fraudulent information may subject me to legal action. Furthermore, I expressly acknowledge that the Service's reliance on false information provided by me may result in losses or damages thereto. Therefore, I hereby indemnify the Service, its subordinates, affiliates, officers, agents and employees for any and all losses or damages resulting from my provision of false or incorrect information thereto, and I agree to hold the Service harmless for any loss, claim, damage or injury I may sustain as a result of my provision of false or incorrect information. 11. If I become a member, I will be responsible for maintaining the confidentiality of any password and account, and am fully responsible for all activities that occur under my password or account. I agree to (a) immediately notify the Service of any unauthorized use of my password or account or any other breach of security, and (b) prevent any person under the age of 21 (twenty-one) to view, examine, or be subjected to sexually explicit material, or otherwise access the Service's website. 12. I understand that logs of all accesses are kept, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this TOS, with resultant removal of account and password without recourse, refund, or further warning. This provision shall apply both to logins to the website as well as any other access to the website or to the server upon which the website is hosted through any other means, including but not limited to Telnet or Internet Relay Chat ("IRC"). 13. Recognizing the global nature of the Internet, I agree to comply with all local rules regarding online conduct and acceptable content. Specifically, I agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which I reside, as well as any other applicable copyright, trademark or harassment laws. 14. I agree and understand that my membership will continue with full force and effect for the period of time I am enrolled and abide by the TOS. I acknowledge that the Service reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. I agree that the Service shall not be liable to me or to any third party for any modification, suspension or discontinuance of the Service. I also understand that the Service will not guarantee compatibility of the members' equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, TCIP, Winsock or on-line service, including but not limited to, America OnLine (AOL), Prodigy or Compuserve. 15. I expressly agree that the Service shall not be liable to me 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 the Service 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 any transmissions or data; (iv) statements or conduct of any third party of the Service; or (v) any other matter relating to the Service. I further acknowledge that if I choose to meet in person any member from the Service's website, or if I choose to give out my personal information, I do so wholly at my own risk, and the Service is in no way liable for any loss, damage or injury that may result. While the Service's website is designed for the posting of personal ads, I understand that I should use my common sense in giving out personal information and in meeting other members of the site in person. I understand that such actions are inherently risky, and I take full and complete responsibility for such actions I may undertake. 16. I agree that any termination of my access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the Service may immediately deactivate or delete my account and all related information and files in my account and/or bar any further access to such files or the Service. Further, I agree that neither the Service nor any employee, owner or affiliate thereof shall not be liable to me or any third party for any termination of my access to the Service. This means that if my account is deleted or otherwise terminated by the Service for a violation of the terms of the Service, no refund or other liability of any kind will be owed to me by the Service. 17. I expressly understand and agree that my use of the Service is at my sole risk. The Service is provided on an "as is" and "as available" basis. The Service further makes no claim as to the actual number of active users; provided that the Service determines the number of active users it advertises based upon verified unique email addresses, but makes no representation that each such unique email address represents a different individual. The Service does however represent and warranty that it does not create false or duplicate profiles or personal ads for purposes of inflating the apparent number of active users, and makes reasonable efforts to find and delete fake, commercial, or falsified profiles or personal ads. The Service expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 18. I assume any and all responsibility and liability for all information that I upload, email, post or otherwise transmit via the Service. 19. I understand that all information, regardless of the format, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. 20. I agree not to: a. upload, email, post, link to or otherwise transmit any content that is otherwise unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. cause or attempt to cause harm to a minor; c. impersonate any person or entity, including, but not limited to, a Service employee or agent, or falsely state or otherwise misrepresent my affiliation with a person or entity; d. forge or manipulate headers and/or identifiers to disguise the origin of any content transmitted through the Service (this prohibition shall include IP masking, IP "spoofing" and any other technique for altering or falsifying user or members' identity). This includes an express prohibition on the posting of advertising information and/or any URL or link in any of the site's chatrooms, unless such chatroom is specifically designed for the dissemination of such information; e. upload, email, post, or otherwise transmit any content that I do not have a right to transmit under any law or under contractual or fiduciary relationships; f. upload, email, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, email, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, email 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 users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service such as by hacking, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law including but not limited to the Digital Millennium Copyright Act, the Federal Trade Commission Act of 1914, and all United States federal, state and international laws, rules and regulations applicable to internet related information transfer and general conduct; l. "stalk" or otherwise harass another; m. collect or store personal data about other users; or n. access the Service by any manner other than through the "log in" screen and protocol, except that accessing chatrooms maintained by the Service through IRC is permitted if all other obligations herein are complied with, and such user does not use any means of identity masking or falsification. 21. I agree to indemnify and hold the Service, and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content I submit, post to or transmit through the Service; my use of the Service; my connection to the Service; any violation of the TOS by me or anyone using my account therewith; or my violation of any rights of another; or any violation of law connected herewith. 22. My correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between me and such advertiser. I agree that the Service 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 the Service. The presence of such advertisers or any promotion thereof found on any site maintained by the Service shall not in any way constitute an endorsement of such product, service or website by the Service. 23. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Service has no control over such sites and resources, I acknowledge and agree that the Service is not responsible for the availability of such external sites or resources, and 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. I further acknowledge and agree that the Service 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. 24. I acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. I further acknowledge and agree that content contained in sponsor advertisements or information presented to me through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Service or advertisers, I agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. I 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 the Service. I agree not to access the Service by any means other than through the interface that is provided by the Service for use in accessing the Service site or as otherwise expressly described herein. 25. If I believe that my work has been copied in a way that constitutes copyright infringement, I will provide Service's Copyright Agent the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. a description of the copyrighted work claimed to have been infringed; c. a description of where the infringing material is located on the site; d. my address, telephone number, and email address; e. a statement that I have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement made under penalty of perjury, that the above information is accurate and that I am the copyright owner or are authorized to act on the copyright owner's behalf; and g. the Service's Copyright Agent for notice of claims of copyright infringement on its site is who can be reached as follows: By mail: John J. Coughlin PO Box 79 Cold Spring, NY 10516 By email: gothicprofiles@waningmoon.com PRIVACY STATEMENT 26. I understand that the Service collects and stores certain information ("Personal Information") with regard to my use thereof to operate the sites and services and to inform me of new features, services, and products available to me through the Service. For the purposes of this TOS, Personal Information shall include user/members' e-mail address, age, location, IP address, and type of browser used to access the site. The Service will not disclose such Personal Information to any third party except as described below. 27. If the Service intends to use my Personal Information for disseminating any membership-related promotional or informational materials, the Service will provide me with instructions on how to decline. I may stop the delivery of informational or promotional mail from the Service by following the instructions on the mail. 28. I acknowledge that the Service may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on the Service or the site; (b) protect and defend the rights or property of the Service, the site or the users of the Service; and (c) comply with any copyright or trademark law, or act under exigent circumstances to protect the personal safety of users of the Service, the site or the public. 29. The Service will treat my request to pay for any services from Service's website through a billing company as my express consent to release my website user identification and e-mail address to such billing company and I will hold Service, its subordinates, affiliates, officers, agents and employees harmless from any liability, claim, loss or damage resulting therefrom. 30. If at any time I believe that the Service has not adhered to these principles, I will notify the site by e-mail at gothicprofiles@waningmoon.com. 31. I understand and agree that no amount of money would or may adequately compensate the Service for damages I acknowledge would be suffered thereby in the event that I violate the TOS in a manner which either disrupts the use of other members or users of the Service's web site, or interferes with the business of the Service, such as through the advertising of one or more of the Service's competitors (or the transmission of any other unauthorized commercial material) on or through the Service's web site, or through any other violation of the TOS, including but not limited to "spamming" (the sending out of any unsolicited advertising materials to other members of the site), and/or by my undertaking any of the other activities listed in Section 20 above (which my use of the Service's web site indicates my agreement to refrain from), and that, therefore, I understand and agree that the Service shall be entitled, upon application to a court of competent jurisdiction, to obtain injunctive relief to enforce the provisions of the TOS and/or to prevent any of the other activities described in this Section 31, which injunctive relief shall be in addition to any other rights or remedies available to the Service, as provided herein, or at law. I further agree that I will not assert as a defense to any such action that the Service has an adequate remedy at law, or that the harm to the Service is inoperable. 32. The TOS constitutes the entire agreement between the Service and me, and governs my use of the Service, superceding any prior agreements between the Service and me; provided that any agreement with respect to any payment for membership shall remain intact, subject to the terms herein. The TOS and the relationship between the Service and me shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. I agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, Florida. The failure of the Service to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS 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 TOS remain in full force and effect. I agree that regardless of any statute or law to the contrary, any claim or cause of action which I may have, arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. I further understand that I must pay the Service's attorney's fees and reasonable costs should I lose the claim or action. 33. I acknowledge that this TOS may be subject to further limitations, restrictions or provisions, as deemed necessary and appropriate from time to time and that such TOS shall constitute and serve as the entire agreement between the Service and me. This TOS supercedes any prior agreements in whole or in part.

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acknowledging that I understand all of the terms of this TOS,
and agree to comply therewith in all respects.