Terms of Use
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1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE
(collectively, including all Content available
through the ebabz.com domain name, the
"Elite Babz Website"), YOU SIGNIFY YOUR
ASSENT TO BOTH THESE TERMS AND CONDITIONS (the
"Terms of Service") AND THE TERMS AND
CONDITIONS OF Elite Babz PRIVACY NOTICE, AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. If
you do not agree to any of these terms, then
please do not use the Elite BabzWebsite.
2. Elite Babz Website
These Terms of Service apply to all users of the
Elite Babz Website, including users who are also
contributors of video content, information, and
other materials or services on the Website. The
Elite Babz Website may contain links to third
party websites that are not owned or controlled
by Elite Babz. Elite Babz has no control over,
and assumes no responsibility for, the content,
privacy policies, or practices of any third party
websites. In addition, Elite Babz will not and
cannot censor or edit the content of any
third-party site. By using the Website, you
expressly relieve Elite Babz from any and all
liability arising from your use of any
third-party website. Accordingly, we encourage
you to be aware when you leave the Elite Babz
Website and to read the terms and conditions and
privacy policy of each other website that you
visit.
3. Website Access
A. Elite Babz hereby grants you permission to use
the Website as set forth in this Terms of
Service, provided that:
you are at least 18 years of age;
the Website as permitted is solely for your
personal, noncommercial use;
you will not copy or distribute any part of the
Website in any medium without Elite Babz prior
written authorization;
you will not alter or modify any part of the
Website other than as may be reasonably necessary
to use the Website for its intended purpose; and
you will otherwise comply with the terms and
conditions of these Terms of Service.
B. In order to access some features of the
Website, you will have to create an account. You
may never use another person's account without
express written permission from the account
holder. When creating your account, you must
provide accurate and complete information. You
are solely responsible for the activity that
occurs on your account, and you must keep your
account password secure. You must notify Elite
Babz immediately of any breach of security or
unauthorized use of your account. Although Elite
Babz will not be liable for your losses caused by
any unauthorized use of your account, you may be
liable for the losses of Elite Babz or others due
to such unauthorized use.
C. You agree not to use or launch any automated
system, including without limitation,
"robots," "spiders,"
"offline readers," etc., that accesses
the Website in a manner that sends more request
messages to the Elite Babz servers in a given
period of time than a human can reasonably
produce in the same period by using a
conventional on-line web browser. Notwithstanding
the foregoing, Elite Babz grants the operators of
public search engines permission to use spiders
to copy materials from the site for the sole
purpose of creating publicly available searchable
indices of the materials, but not caches or
archives of such materials. Elite Babz reserves
the right to revoke these exceptions either
generally or in specific cases. You agree not to
collect or harvest any personally identifiable
information, including account names, from the
Website, nor to use the communication systems
provided by the Website for any commercial
solicitation purposes. You agree not to solicit,
for commercial purposes, any users of the Website
with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Elite Babz Website, except all
User Submissions (as defined below), including
without limitation, the text, software, scripts,
graphics, photos, sounds, music, videos,
interactive features and the like
("Content") and the trademarks, service
marks and logos contained therein
("Marks"), are owned by or licensed
toElite Babz , subject to copyright and other
intellectual property rights under United States
and foreign laws and international conventions.
Content on the Website is provided to you AS IS
for your information and personal use only and
may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold,
licensed, or otherwise exploited for any other
purposes whatsoever without the prior written
consent of the respective owners. Elite Babz
reserves all rights not expressly granted in and
to the Website and the Content. You agree to not
engage in the use, copying, or distribution of
any of the Content other than expressly permitted
herein, including any use, copying,
ordistribution of User Submissions of third
parties obtained through the Website for any
commercial purposes. If you download or print a
copy of the Content for personal use, you must
retain all copyright and other proprietary
notices contained therein. You agree not to
circumvent, disable or otherwise interfere with
security related features of the Elite Babz
Website or features that prevent or restrict use
or copying of any Content or enforce limitations
on use of the Elite Babz Website or the Content
therein.
5. User Submissions
A. The Elite Babz Website may now or in the
future permit the submission of videos or other
communications submitted by you and other users
("User Submissions") and the hosting,
sharing, and/or publishing of such User
Submissions. You understand that whether or not
such User Submissions are published, Elite Babz
does not guarantee any confidentiality with
respect to any submissions.
B. You shall be solely responsible for your own
User Submissions and the consequences of posting
or publishing them. In connection with User
Submissions, you affirm, represent, and/or
warrant that:
you own or have the necessary licenses, rights,
consents, and permissions to use and authorize
Elite Babz to use all patent, trademark, trade
secret, copyright or other proprietary rights in
and to any and all User Submissions to enable
inclusion and use of the User Submissions in the
manner contemplated by the Website and these
Terms of Service; and
you have the written consent, release, and/or
permission of each and every identifiable
individual person in the User Submission to use
the name or likeness of each and every such
identifiable individual person to enable
inclusion and use of the User Submissions in the
manner contemplated by the Website and these
Terms of Service. For clarity, you retain all of
your ownership rights in your User Submissions.
However, by submitting the User Submissions to
Elite Babz, you hereby grant Elite Babz a
worldwide, non-exclusive, royalty-free, sub
licenseable and transferable license to use,
reproduce, distribute, prepare derivative works
of, display, and perform the User Submissions in
connection with the Elite Babz Website and Elite
Babz (and its successor's) business, including
without limitation for promoting and
redistributing part or all of the Elite Babz
Website (and derivative works thereof) in any
media formats and through any media channels. You
also hereby grant each user of the Elite Babz
Website a non-exclusive license to access your
User Submissions through the Website, and to use,
reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as
permitted through the functionality of the
Website and under these Terms of Service. The
foregoing license granted by you terminates once
you remove or delete a User Submission from the
Elite Babz Website.
All visual depictions displayed on this Web site,
whether of actual sexually explicit conduct,
simulated sexual content or otherwise, are visual
depictions of persons who were at least 18 years
of age when those visual depictions were created.
All other visual depictions displayed on this
Website are exempt from 18 U.S.C. Section 2257
and 28 C.F.R. Part 75 because said visual
depictions are not visual depictions of conduct
specifically listed in 18 U.S.C Section 2256 (2)
(A)-(D), but are merely depictions of
non-sexually explicit nudity, or are depictions
of simulated sexual conduct, or are otherwise
exempt because the visual depictions were created
prior to November 1, 1990, or were produced,
manufactured, published, duplicated, reproduced,
or reissued before May 26, 1992.
The owners and operators of this Website are not
the primary producer (as that term is defined in
18 U.S.C. Section 2257 and 28 C.F.R. Part 75) of
all the visual content contained on the Web site.
In connection with User Submissions, you further
agree that you will not:
POST, ALLOW ANOTHER TO POST OR BE IN ANY WAY
INVOLVED IN THE POSTING OF ANY MATERIAL THAT
DEPICTS OR IMPLIES PERSONS UNDER THE AGE OF 18:
no visual depictions of anyone under the age of
18 - PERIOD! Even if the minor is fully dressed,
playing at the park. YOU WILL BE BANNED AND
REPORTED TO THE POLICE! Elite Babz does not
endorse any User Submission or any opinion,
recommendation, or advice expressed therein, and
Elite Babz expressly disclaims any and all
liability in connection with User Submissions.
Elite Babz does not permit copyright infringing
activities and infringement of intellectual
property rights on its Website, and Elite Babz
will remove all Content and User Submissions if
properly notified that such Content or User
Submission infringes on another's intellectual
property rights. Elite Babz reserves the right to
remove Content and User Submissions without prior
notice. Elite Babz will also terminate a User's
access to its Website, if they are determined to
be a repeat infringer. A repeat infringer is a
User who has been notified of infringing activity
more than twice and/or has had a User Submission
removed from the Website more than twice. While
pornographic and adult content are accepted,
Elite Babz also reserves the right to decide
whether Content or a User Submission is
appropriate and complies with these Terms of
Service for violations other than copyright
infringement and violations of intellectual
property law, such as, but not limited to,
obscene or defamatory material, or excessive
length. Elite Babz may remove such User
Submissions and/or terminate a User's access for
uploading such material in violation of these
Terms of Service at any time, without prior
notice and at its sole discretion. |
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