Terms
I understand that myspicyflings.com can not guarantee the amount of messages/and replies I will receive, nor the validity of the persons/profiles sending these messages. myspicyflings.com is purely for entertainment.
You must read and agree to these terms and conditions before you may access or view our Site. Please read them carefully. By visiting the myspicyflings.com site, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement.
1. Eligibility:
You must be eighteen or over to register as a
member of or use this site. Membership in the service is void where prohibited.
By using and/or viewing this site, you represent and warrant that you have the
right, authority, and capacity to enter into this agreement and to abide by all
of the terms and conditions of this agreement and that you are at least 18-years
old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the
age of majority) - who are interested in and wish to have access to visual
images, verbal and written descriptions and audio sounds of a sexually oriented,
and frankly erotic nature. The materials, which are available within this site
may include graphic visual depictions and descriptions of nudity and sexual
activity and should not be accessed by anyone who is younger than 18-years old
(21-years old in AL, MS, NE, WY, and any other location where 18 is not the age
of majority) or who is offended by such materials or who does not wish to be
exposed to such materials.
By using and/or viewing this site you
represent and warrant under penalty of perjury the following:
A) That you
are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any
other location where 18 is not the age of majority).
B) That you will not
permit any person(s) under 18-years of age (21-years old in AL, MS, NE, WY, and
any other location where 18 is not the age of majority) to have access to any of
the materials contained within this Site.
C) That you understand that when
you gain access to this site, you will be exposed to visual images, verbal
descriptions and audio sounds of a sexually oriented, frankly erotic nature,
which may include graphic visual depictions and descriptions of nudity and
sexual activity. You are voluntarily choosing to do so, because you want to
view, read and/or hear the various materials which are available, for your own
personal enjoyment, information and/or education. Your choice is a manifestation
of your interest in sexual matters which, you believe, is both healthy and
normal and which, in your experience, is generally shared by average adults in
your community. You further represent and warrant that you are familiar with the
standards in your community regarding the acceptance of such sexually oriented
materials, and the materials you expect to encounter are within those standards.
In your judgment, the average adult in your community accepts the consumption of
such materials by willing adults in circumstances such as this which offer
reasonable insulation from the materials for minors and unwilling adults, and
will not find such materials to appeal to a prurient interest or to be patently
offensive.
D) That you further represent and warrant that you have not
notified any governmental agency, including the U.S. postal service, that you do
not wish to receive sexually oriented material.
E) That you represent and
warrant that you have not and will not use and/or view the Site(s) in a
restricted location - namely a place, country, or location in which doing so
would, or could be deemed a violation of any law, regulation, rule, ordinance,
edict or custom.
2. Fees/Termination:
myspicyflings.com's usage
and/or subscription fees were provided to you upon registration and may change
from time to time upon electronic notice to you. myspicyflings.com reserves the
right to terminate your access to the site for any reason or no reason.
myspicyflings.com may terminate your membership upon sending notice to you at the
email address you provide in your application for membership or such other email
address as you may later provide to us. If myspicyflings.com terminates your
membership because you have breached this Agreement, you will not be entitled to
any refund of any unused subscription fees. Even after this Agreement is
terminated, certain provisions will remain in effect including sections 1, 3,
14, inclusive, of this Agreement.
3. Non-Commercial Use by
Members/Viewers:
This myspicyflings.com site is for the personal use of
individual members and viewers only and may not be used in connection with any
commercial endeavors. Organizations, companies, and/or businesses may not become
members of this site and shall not use the myspicyflings.com service or site for
any purpose including but not limited to: sending unsolicited commercial e-mail
to members, sending advertisements for other web sites and services in this
site's chat rooms, or using member personal identifying information for
commercial purposes. Illegal and/or unauthorized uses of the site, including
unauthorized framing of or linking to the site or the sending of unsolicited
commercial email will be investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal, and injunctive redress
and/or termination of membership at myspicyflings.com's sole discretion. In order
to prevent the sending of unsolicited commercial email or chat messages to its
members, myspicyflings.com may take reasonable steps, including the limiting of
the numbers of emails or chat messages sent or received by a member and
electronically filtering or throttling or terminating e-mail and chat messages
at myspicyflings.com's sole discretion.
4. Proprietary Rights of
Content on myspicyflings.com:
myspicyflings.com owns and retains other
proprietary rights in the myspicyflings.com site and the myspicyflings.com
service. The site contains the copyrighted material, trademarks, and other
proprietary information of myspicyflings.com, and its licensors. Except for that
information which is in the public domain or for which you have been given
permission, you may not copy, modify, publish, transmit, distribute, perform,
display, or sell any such proprietary information.
5. Content Posted
on the Site/CDA:
A) myspicyflings.com claims immunity from liability to
the fullest extent under the law and as provided under the Communications
Decency Act for Content provided by third parties and members and nothing in
this agreement is intended to waive, remove, or usurp such immunity. You
understand and agree that myspicyflings.com may delete any content, messages,
photos or profiles (collectively, 'Content') that in the sole judgment
myspicyflings.com violates the Terms of Use or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of
myspicyflings.com and/or its members.
B) You are solely responsible for the
content that you publish or display (hereinafter, 'post') on myspicyflings.com,
or transmit to other myspicyflings.com members.
C) By posting content to any
public area of myspicyflings.com, you automatically grant, and you represent and
warrant that you have the right to grant, to myspicyflings.com and its members,
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, perform, display, and distribute such information, rights of publicity,
and content and to prepare derivative works of, or incorporate into other works
and other media, such information and content, and to grant and authorize
sublicenses of the foregoing.
D) myspicyflings.com will investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication
from the site or service and terminating the membership of such violators. The
following is a partial list of the kind of content that is illegal or prohibited
on the site - it includes content that: is patently offensive to the online
community, such as content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual; harasses or advocates
harassment of another person or invades their privacy; involves the transmission
of 'junk mail', 'chain letters,' or unsolicited commercial e-mail or 'spamming';
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous; promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files; contains restricted
or password only access pages, or hidden pages or images (those not linked to or
from another accessible page); displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the age of 18
in a sexual or violent manner, or solicits personal information from anyone
under 18; provides content that involves cursing, swearing, incest, falsifying
gender, violence, necrophilia, impersonating another member, threat of suicide
or harm to oneself or others, drug paraphernalia, or beastiality; provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; sending advertisements in chat or instant
messaging messages; and engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes.
E) You must use the myspicyflings.com service in a manner
consistent with any and all applicable laws and regulations.
F) You agree
that you will not use any robot, spider, other automatic device, or manual
process to monitor or copy our web pages or the content contained herein without
our prior expressed written permission. You agree that you will not use any
device, software or routine to bypass or to interfere or attempt to interfere
with the proper working of the myspicyflings.com site. You agree that you will
not take any action that imposes an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our site is updated on a
real time basis and is proprietary or is licensed to myspicyflings.com by our
users or third parties.
G) You may not engage in advertising to, or
solicitation of, other members to buy or sell any products or services through
the service. You will not transmit any chain letters or junk email to other
myspicyflings.com members. Although myspicyflings.com cannot monitor the conduct
of its members off the myspicyflings.com site, it is also a violation of these
rules to use any information obtained from the service in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit, or
sell to any member without their prior explicit consent.
6. Copyright
Policy/DMCA Notice:
You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary information
without obtaining the prior written consent of the owner of such proprietary
rights or otherwise have a valid basis under the law, including 'fair use'.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the myspicyflings.com service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information
consistent with the Digital Millennium Copyright Act (DMCA): an electronic or
physical signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is infringing
is located on the our site including the URLs of web pages and/or hyperlinks;
your address, telephone number, and email address; a written 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; a statement by you, made under penalty
of perjury, that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's behalf. It
is the intention of myspicyflings.com to fully comply with the DMCA, including
the Notice and 'take down' provisions and to benefit from the safe harbors
immunizing it from liability to the fullest extent provided by law, and to the
extent the Notice and 'take down' requirements above deviate from the
requirements under the DMCA then the Notice requirements as provided by the DMCA
shall control and are herein incorporated by reference.
7. Member
Disputes:
myspicyflings.com does not control the information provided by
other users that are made available through our system. You may find other
user's information to be offensive, harmful, inaccurate, or deceptive. Please
use caution, common sense, and safety when using our site. You are solely
responsible for your interactions with other myspicyflings.com members. Because
it is not involved in member interactions, in the event that you have a dispute
with one or more members or those who have posted, viewed, or used information
on the myspicyflings.com site, you release myspicyflings.com, including its
officers, directors, agents, subsidiaries and employees, from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
8. Disclaimers:
myspicyflings.com, including its officers, directors, agents, subsidiaries
and employees is not responsible for any incorrect or inaccurate content posted
on the site or in connection with the myspicyflings.com service, whether caused
by users, members or by any of the equipment or programming associated with or
utilized in the service, nor for the conduct of any user and/or member of the
myspicyflings.com service whether online or offline. myspicyflings.com assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, user and/or member communications.
myspicyflings.com is not responsible for any problems or technical malfunction of
any telephone network or lines, computer on-line-systems, servers or providers,
computer equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or at any website or
combination thereof, including injury or damage to users and/or members or to
any other person's computer related to or resulting from participating or
downloading materials in connection with the myspicyflings.com site and/or in
connection with the myspicyflings.com service. Under no circumstances
myspicyflings.com, be responsible for any loss or damage resulting from anyone's
use of the site or the service and/or any content posted on the
myspicyflings.com
site or transmitted to myspicyflings.com members. The site and the service are
provided 'AS-IS' and myspicyflings.com expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. myspicyflings.com cannot
guarantee and does not promise any specific results from use of the site and/or
the myspicyflings.com service.
9. Limitation on
Liability:
Except in jurisdictions where such provisions are restricted
(and in that event liability is disclaimed to the fullest extent permitted by
law), in no event will myspicyflings.com be liable to you or any third person for
any indirect, consequential, exemplary, incidental, special or punitive damages,
including also lost profits arising from your use of the site or the
myspicyflings.com service, even myspicyflings.com has been advised of the
possibility of such damages. Notwithstanding anything to the contrary contained
herein, myspicyflings.com's liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to myspicyflings.com for the service during the term of
membership.
10. Arbitration of Disputes:
Any and all disputes
arising out of or related to these Terms of Use and/or your relationship with
myspicyflings.com and/or your use of this site shall be submitted to binding
arbitration according to the rules of the American Arbitration Association. The
parties to the arbitration shall evenly divide any and all costs of the
arbitration. Neither party shall be entitled to attorney fees.
11.
Indemnity:
You agree to indemnify and hold myspicyflings.com, its
subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of
the service in violation of this Agreement and/or arising from a breach of these
Terms of Use and/or any breach of your representations and warranties set forth
above.
12. How We Use Personal Information:
We use your email
address and your other personal information to help us efficiently operate the
service, to contact you in connection with your transactions and other
activities on the service (including, but not limited to, confirmation emails or
important news that could affect your relationship with myspicyflings.com), and
to forward messages to you from other myspicyflings.com users. These types of
communications are known as 'Operational Communications'. In some cases,
Operational Communications may also contain commercial messages, such as banner
ads and special offers.