|
PLAYBOYSTYLE.COM TERMS OF SERVICE AGREEMENT
Effective as of August 30, 2007
> Copyright Notice / Requesting Reproduction Permissions
> Trademark Statement
> PlayboyStyle.com Terms of Service
> Privacy Policy for PlayboyStyle.com
Copyright Notices / Requesting Reproduction Permissions
Copyright © 2007 Playboy Enterprises International, Inc. All rights reserved.
No material found or located on the PlayboyStyle.com website (the Playboy Style Site) may be reproduced, distributed, publicly performed, used for commercial purposes or otherwise used in any manner, without the prior written permission of Playboy.
You may write or fax the Rights and Permissions Department of Playboy to request permission at:
Playboy Enterprises International, Inc.
Attention: Rights & Permissions
680 North Lake Shore Drive
Chicago, IL 60611
Fax #: 312.751.2818
Trademark Statement
PLAYBOY, PLAYBOYSTYLE.COM, RABBIT HEAD DESIGN, HMH, HUGH M. HEFNER, BUNNY COSTUME, FEMLIN, PLAYMATE, PLAYMATE OF THE MONTH, PLAYMATE OF THE YEAR, PMOY, CENTERFOLD and PLAYBOY CENTERFOLD are trademarks of Playboy Enterprises International, Inc.
PLAYBOYSTYLE.COM TERMS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service (referred to herein as the Terms) constitute a legal agreement between you and Playboy Enterprises International, Inc.and spell out the terms and conditions to which users of the PlayboyStyle.com website (the Playboy Style Site) are expected to adhere. Please read these Terms carefully before using the Playboy Style Site, because by using the Playboy Style Site, you acknowledge that you have read, understand and agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Policy and (ii) any supplemental terms of the Playboy Style Site, all of which are hereby incorporated by reference into these Terms (collectively referred to as the Agreement). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Playboy Style Site. We reserve the right to amend these Terms at any time and will post the amended Terms here.
This Agreement applies to the Playboy Style Site, owned and operated by Playboy Enterprises International, Inc. (referred to herein as Playboy, we or us). This Agreement does NOT apply to any other online or offline Playboy websites, products or services, nor does it apply to any website called Playboy Style, which is operated by one of Playboys licensees . This Agreement does not grant you the right to enter any website for which you have not paid a subscription fee.
1 PLAYBOY CONTENT AND USER SUBMISSIONS
1.1 The Playboy Style Site is intended for the personal, noncommercial use of its users. All materials published on the Playboy Style Site (including, but not limited to articles, text, photographs, images, illustrations, cartoons, animations, product descriptions, audio clips and video clips (collectively referred to herein as the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned, controlled by or licensed to Playboy or the party credited as the provider of such Content, software or other materials. You shall abide by all copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Playboy Style Site.
1.2 The Playboy Style Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other applicable domestic and international laws. Except as may otherwise be set forth in this Section 1 of these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, or the Playboy Style Site itself, in whole or in part.
1.3 Copying or storing of any Content from the Playboy Style Site for any purpose other than your own personal, noncommercial use is expressly prohibited without the prior written permission from Playboys Rights and Permissions Department, or the copyright holder identified in the individual Contents proprietary rights notices. For the avoidance of doubt, using or making available any Content (in whole or in part) on your personal website or elsewhere, where it may be accessible to any other person, is not a personal use and is not permitted.
1.4 Playboy may change, suspend or discontinue any aspect of any of the Playboy Style Site at any time, including the availability of any feature, database or Content. Playboy may also impose limits on certain features and services or restrict your access to parts of or the entire Playboy Style Site without notice or liability.
1.5 You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or otherwise that you provide to us in connection with the Playboy Style Site ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain the property of Playboy. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that Playboy shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
1.6 If you believe that the content of any Submission provided by you, or any Content appearing on the Playboy Style Site, has been used on the Playboy Style Site in a manner that constitutes infringement of a copyright owned by you, please provide our Copyright Agent with a written notice (email is sufficient) that includes all of the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on the Playboy Style Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
1.7 Our Copyright Agent for notice of claims of copyright infringement on this Playboy Style Site is:
By postal mail:
Intellectual Property Counsel
Playboy Enterprises International, Inc.
680 N. Lake Shore Drive
Chicago, IL 60611
By telephone:
(312) 751-8000
By fax:
(312) 266-2042
By email:
copyright@playboy.com
2 FORUMS AND DISCUSSIONS
2.1 This Playboy Style Site may make available comments sections, chat rooms, forums, message boards and/or newsgroups to its users (Public Forum(s)). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums available within the Playboy Style Site are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. Playboy does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, edited, removed, modified, published, transmitted and displayed by Playboy in any manner, pursuant to Section 1.4, above. In addition, you warrant that all moral rights in any uploaded materials have been waived.
2.2 The Public Forums shall be used by you solely in a noncommercial manner. You shall not, without the express prior written approval of Playboy, use any Public Forum to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services that are competitive with Playboy and/or the Playboy Style Site. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type through any Public Forum.
2.3 While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, Playboy reserves the right to delete, move and/or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
3 ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Playboy Style Site may contain links to other websites, resources and sponsors of Playboy. Selection of any ad banner or link will redirect you off of the Playboy Style Site to a third party website. Interactions and transactions that occur between you and any such third party are strictly between you and that third party and are not the responsibility of Playboy. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Playboy does not assume any liability or responsibility for the actions, products, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the applicable third party website.
4 REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant (a) that no materials of any kind submitted by you or through your account, or Playboys use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations.
4.2 Playboy neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Playboy Style Site by any user, information provider or any other person or entity. THE PLAYBOY STYLE SITE AND ANY MATERIALS PROVIDED THEREON WHETHER BY PLAYBOY OR ANY THIRD PARTY ARE PROVIDED "AS IS." PLAYBOY MAKES NO AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE PLAYBOY STYLE SITE. PLAYBOY DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE PLAYBOY STYLE SITE OR THE CONTENT THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE PLAYBOY STYLE SITE.
4.3 Playboy makes no representation that the Content on the Playboy Style Site is appropriate for access outside of the United States. Those who choose to access the Playboy Style Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws.
4.4 You hereby acknowledge that the use of the Playboy Style Site and any Content or service available thereon is at your sole risk.
5 INDEMNIFICATION
5.1 You hereby indemnify, defend and hold Playboy, its affiliates and its and their officers, directors, owners, employees, shareholders, agents, information providers, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of these Terms or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys fees. You shall cooperate as fully as reasonably required in the defense of any claim. Playboy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Playboy without Playboy's prior written approval.
6 LIMITATION OF LIABILITY
6.1 NEITHER PLAYBOY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLAYBOY STYLE SITE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE PLAYBOY STYLE SITE, THE CONTENT THEREON, OR ANY OF THE MATERIALS PROVIDED BY PLAYBOY OR ANY THIRD PARTY THROUGH THE PLAYBOY STYLE SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE PLAYBOY STYLE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PLAYBOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
6.2 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLAYBOY'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (U.S.$100.00).
7 SYSTEM INTEGRITY
7.1 You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Playboy Style Site or any transaction conducted on the Playboy Style Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
8 TERMINATION
8.1 Playboy may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Playboy Style Site for any reason, including, without limitation, any breach of these Terms by you or associated with your account, any assignment of your account to a third party or the repeated infringement of copyrights owned by third parties.
8.2 Playboy, including, without limitation, its authorized agents and employees may terminate your use of the Playboy Style Site and/or your account without notice in the event that you breach any obligation in these Terms, including but not limited to (a) restricting, inhibiting or disrupting operation of the Playboy Style Site or (b) attempting to alter or improperly access any feature or function of the Playboy Style Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Playboy Style Site or any Playboy employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Playboy Style Site activities; post unsolicited advertising; or improperly impersonate a Playboy employee or other individual.
9 MISCELLANEOUS
9.1 These Terms have been made in and shall be construed and enforced in accordance with Illinois law without regard to any conflict of law provisions. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Chicago, Illinois, and you hereby consent to the personal jurisdiction of Illinois State and Federal Courts.
9.2 Official correspondence must be sent via postal mail to:
Playboy.com, Inc.
Attention: General Counsel
680 North Lake Shore Drive
Chicago, IL 60611
9.3 These Terms, the Privacy Policy and any other terms referenced in these Terms constitute the entire agreement between you and Playboy with respect to your access and use of the Playboy Style Site and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Playboy with respect to the Playboy Style Site. If any of the provisions of the Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
9.4 Playboy may assign these Terms (a) to any of its affiliates, (b) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Playboy; or (c) in connection with the sale of the Playboy Style Site or the business unit associated with the Playboy Style Site.
10 ACCEPTANCE
10.1 You hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.
Enjoy the PlayboyStyle.com website!
|