1. Ownership of Content and License to User Content. All the text, files, images, videos, photos, works of authorship or other materials (collectively, "Content") provided on this Site, other than the Content that you post, is provided either by statussexy.com or by its licensors, third party authors, developers, vendors and members (collectively, "Third Party Providers") and intellectual property rights in this Content are owned by statussexy.com and/or these Third Party Providers. Elements of the Site are protected by copyright and other laws and may not be copied or imitated in whole or in part. Product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
We do not claim a copyright in the text, files, images, videos, photos, works of authorship or other materials that you post on the Site (collectively "User Content"). After posting User Content to the Site, you continue to retain ownership of such User Content. You represent that you own any User Content posted on the Site or otherwise have the right to post such User Content and grant the license set forth in this section. By posting User Content to the Site, you grant us a perpetual, royalty-free, worldwide, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, transmit, and sublicense, such User Content in any medium. Without this limited license, we would not be able to include User Content in the Site. This license is non-exclusive. CHILDREN UNDER THE AGE OF EIGHTEEN ARE NOT PERMITTED TO SUBMIT ANY USER CONTENT.
2. User License. We hereby grant you, subject to the terms and conditions of this Agreement, the right to view and use this Site for your personal, non-commercial use. No other use of the Content is permitted. You may not reprint or electronically reproduce any Content in whole or in part for any other purpose, without our prior written consent. Furthermore, you may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof, other than your User Content, without our prior written consent in each instance. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any portion of the Site) with or without notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site.
3. Health Information Disclaimer. The Content on this Site is intended to be used for informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or health care provider. Your use of this Site does not create a doctor/patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health problem or disease. Use of the Site is not a substitute for consultations with a qualified health or medical professional. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THIS SITE. Although we strive to ensure that the information we provide on this Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer this Site "AS IS" and without any warranties.
4. Usage Rules. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by this Agreement. By completing the registration process in the forum or In Your Words sections on the Site, you establish an account with us (an "Account") and you represent that the information you provide in the registration process is accurate and current. You are responsible for maintaining the confidentiality of your password and you agree to notify us promptly at email@example.com of any unauthorized use of your account. In addition, you may post to certain areas of the Site without registering, including our Forum. We reserve the right to delete any username that we deem inappropriate or offensive. We encourage you to report inaccurate, offensive or illegal content by using the Notify Administrator link in our community bulletin boards or by writing to us at firstname.lastname@example.org. We reserve the right to block transmission of, and or remove any User Content that you post to the Site, at any time, for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree that the following rules shall apply to your use of the Site:
5. Review of Postings & Uploads. We assume no responsibility for monitoring User Content. We cannot review all User Content posted or uploaded to the Site and are not responsible for such User Content; however, we reserve the right (but assume no obligation) to delete, move, condense or edit postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
6. Trademarks. STATUSSEXY.COM™is a registered trademarks of Statussexy.com and its sponsors. All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of Statussexy.com, its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to any of the Trademarks without our express written permission or the express written permission of the owner of the applicable Trademark. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.
7. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf. Our agent may be contacted as follows:
8. Linking and Framing. The Site may contain links to or advertisements for Web sites operated by other parties (the "Third Party Sites"). The links to and advertisements concerning Third Party Sites are provided for your convenience. We do not control such Third Party Sites and we are not responsible for the content and performance of these Third Party Sites or for your transactions with them. Our inclusion of links to or advertisements for such Third Party Sites does not imply any endorsement of the material, products or services on such Third Party Sites or any association with their operators.
Without a written agreement with us to the contrary, you must obey the following rules for linking to the Site or any pages within the Site:
10. Indemnification. You agree to indemnify, defend and hold harmless Statussexy.com, its officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "Statussexy.com Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) any User Content posted through your Account, or (b) your use of the Content or Site; and/or (c) your breach of the terms of this Agreement (including infringement of any third parties' intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your Account.
11. Waiver, Release and Limitation of Liability. YOU AGREE THAT NONE OF THE STATUSSEXY.COM PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE STATUSSEXY.COM PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE STATUSSEXY.COM PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE STATUSSEXY.COM PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO STATUSSEXY.COM FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE STATUSSEXY.COM PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE.
NONE OF THE STATUSSEXY.COM PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED THEREIN AVAILABLE TO YOU.
CERTAIN OF THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT BE PERMITTED UNDER THE LAWS OF SOME STATES AND THEREFORE MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO YOU, FOR ANY REASON, THEN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE STATUSSEXY.COM PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS IN THE AGGREGATE.