-- Users click here to state: "I have read this User Agreement
and I agree to be bound by, and comply with, all of the provisions of this
-- Click here
to reject the User Agreement and exit this website.
|AGE AND ACCESS||
By requesting, accessing, and/or downloading any pages or files from Open Mind Media Inc's (OMM's) websites, you (the User) are acknowledging your agreement and acceptance of this User Agreement.
By requesting and viewing files and pages from OMM websites and servers, you certify that:
you are 18 years of age or older;
you are familiar with all local and federal laws affecting your legal right to access adult-oriented materials;
you have the legal right to access adult-oriented materials and OMM has the legal right to transmit them to you;
you will not share these materials with, make them available to, or make them accessible by, any other persons, especially not minors or non-consenting adults.
|YOUR PRIVACY||Each time you request a page or
image from this website, the server logs your IP#, provider, browser type, and the
URL of the previous page viewed. The data is saved to generate statistics about web visitors
as a group. It is not stored in order to reveal anything to anyone about
your specific accesses as an individual.
Non-customer emails from the user to our staff may be excerpted for posting; your email should contain information as to what information you wish to remain private, whether you wish to remain anonymous, and whether you want your email address to remain confidential. Each email must contain privacy instructions for the content of that same email.
PAYING CUSTOMERS: Customer emails from the customer to our staff regarding the membership and account are considered private and confidential. Your name, your address, your email address, your phone number, your account information, and all other information you provide as a customer, are considered private and confidential. This information is accessible only to Open Mind Media staff and staff of companies associated with running this site and providing your services (for instance, the companies that do my billing systems: PlugNPay.com and Verotel.com). Your personal data is not provided to unrelated third parties, and my company does not send spam or emails unrelated to the operation of the website.
All materials on OMM websites and servers are copyrighted by Open Mind Media (except electronic messages posted by users and specific material attributed to other copyrights). All materials on OMM websites are protected under treaty provisions and worldwide copyright laws. Materials in and from any part of this website may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of Open Mind Media. ("Fair Use" laws provide only for extremely limited use of samples for the purpose of review or education.)
Materials displayed on public pages are not be construed to be uncopyrighted nor "in public domain".
Persons uploading, publishing or reselling Open Mind Media copyrighted material will be in violation of:
the international Berne Convention for the Protection of Literary and Artistic Works, which established in 1886 a copyright common-law for nations around the world;
Federal law 17 USC 501, which protects owners of copyrighted material;
Federal law 18 USC 2257, which requires publishers (including webmasters) to have documented proof of each model's adult age on file;
The Digital Millenium Copyright Act (DMCA) Federal law 17 USC 1201-1205, a law passed to coordinate with international World Intellectual Property Organization (WIPO) treaties.
If you email any content to OMM, any processing of that material will be done according to your stated copyright limitations and instructions included in the same email transmission.
If you believe that your work is appearing on an OMM website and has been copied in a way that constitutes copyright infringement, Open Mind Media can be reached as follows:
Media Inc., Attn: Copyright
Please provide to OMM the following written information:
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;
a description of the copyrighted work that you believe has been infringed;
a description of where the material that you believe is infringing is located on the site;
a statement by you, made 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;
your electronic or physical signature;
your address, telephone number, and email address.
|WEBSITE CONTENT, FILE CONTENT||
Some OMM files contain mature adult content. Webpages leading to access to these files are identified by clearly labeled entry pages.
By using the service, you may be exposed to content that you find offensive, indecent or objectionable. OMM is not liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the service.
|PUBLIC COMMUNICATION AREAS / USER CONTRIBUTIONS||
Guestbook pages, Chatrooms, and Message Board pages are publicly accessible to anyone on the internet. Public posts transmitted and uploaded by users to such pages will be accessible to the general public. User posts are not pre-screened before posting. They are automatically posted. OMM reserves the right (but not the obligation) to edit or delete posts. OMM does not control the content posted via the service and, as such, does not guarantee the accuracy, integrity or quality of such content. Open Mind Media disclaims any liability with respect to content in the public communication areas.
All information, files, data, text, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. You, not OMM, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service. Recognizing the global nature of the Internet, you agree to comply with all applicable laws regarding your online conduct and acceptable content.
You agree not to post infringing, defamatory, libelous or otherwise unlawful material, or any material deemed excessively violent, harassing, threatening or otherwise objectionable. It is OMM's right, but not obligation, to monitor, delete and/or modify such posts and/or report such posts to legal authorities. If you are aware of any such material posted on this site, please contact OMM.
|LIMITED LICENSE (USE OF SERVICE)||
OMM provides the materials on this site for personal, non-commercial use by viewers, guests, visitors, and members of this website. Users are granted a single copy license to download or print each file and/or page made available for downloading found on this site for personal, non-commercial use only. OMM reserves the right to limit the amount of materials downloaded. Users may not:
use any of the materials found in any area of this website for any public display, performance, sale or rental;
remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of this website;
otherwise transfer any material located in any area of this website to any other person or entity.
If at any time you breach or violate any provision of this User Agreement, OMM reserves the right to terminate this license.
You agree to hold OMM, and its staff, subsidiaries, and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the User Agreement, or your violation of any rights of another.
You agree to not use the service to:
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law;
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, harassing, defamatory, libelous, or invasive of another's privacy;
impersonate any person or entity for any unlawful or malicious purpose, including, but not limited to, OMM staff members, monitors or hosts;
falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
intentionally or unintentionally violate any applicable local, state, national or international law;
"stalk" or otherwise harass another person or entity;
collect or store personal data about other users for illegal or malicious purposes;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, impose surveillance, or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service.
Your use of the service is at your sole risk. The materials on this website are provided "as is" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property or fitness for a particular purpose. OMM offers no assurance of uninterrupted or error-free service. this website does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on this web site. OMM may change any of the information found at this site at any time without notice. OMM makes no commitment to update the information found at this site. OMM shall not be liable for any damages arising out of the use or inability to use the material or information available on this site.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from OMM or through or from the service shall create any warranty not expressly stated in the terms of service.
OMM makes no warranty that:
the service will meet your requirements,
the service will be uninterrupted, timely, secure, or error-free,
the results that may be obtained from the use of the service will be accurate or reliable,
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations,
any errors in the software will be corrected.
OMM shall not be liable 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 OMM has been advised of the possibility of such damages), resulting from:
the use or the inability to use the service;
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;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the service; or
any other matter relating to the service.
Your access to OMM files is a privilege, not a right. If OMM deems that your access is inconsistent with the goals of this website, your access may be temporarily or permanently restricted or blocked.
|CHANGES OF SERVICE||
OMM reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. OMM shall not be liable to you for any modification, suspension or discontinuance of the service.
If OMM believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement, OMM, in its sole discretion, may terminate your access or use of the service, or any part thereof, for any reason.
OMM has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the service.
This site contains links to other Web sites or resources which are controlled by third parties. Those linked sites are not under the control of OMM, and OMM is not responsible for the content or policies of any linked site or any link contained in a link site. OMM provides those links only as a convenience, and the inclusion of any link does not imply endorsement by OMM of any linked site.
Your 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 you and such advertiser. OMM 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.
|VENUE||This site is maintained and operated by OMM via offices in Greater Los Angeles, California, United States of America. OMM makes no representation that the materials available on this site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. In the event of a dispute arising out of or relating to this User Agreement, or your use of or access to this site, you and OMM agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of OMM to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement 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 User Agreement remain in full force and effect.|
The section titles (headers) in this User Agreement are for convenience only and have no legal or contractual effect.
Members (customers) of this site are additionally subject to the Member User Agreement, accessible via the Sign-Up/Join page of this website.
This User Agreement may be updated by OMM from time to time without active transmittal of notice to you. If the User Agreement is updated or changed, the link and date of such change will be posted on the entry page (main directory index page) of each affected Open Mind Media website, to be visible to all visiting users.
YES/ENTER -- Users click here to state: "I have read this User Agreement and I agree to be bound by, and comply with, all of the provisions of this User Agreement."
NO/EXIT -- Click here to reject the User Agreement and exit this website.