Revised January 7, 2000
- Copyright Notice
- Miscellaneous Disclaimers
- Exotic Online Terms and Conditions
Copyright © X Publishing, Inc. All rights reserved. The material
on this site may not be reproduced and may not be distributed, publicly
performed, proxy cached or otherwise used, except with the prior express
permission of X Publishing, Inc. (Exotic)
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Regarding Message Board and Chat Services: Exotic
does not edit or pre-screen content that appears in message boards or
chat areas, but the administrators reserve the right to remove content
that they consider inappropriate. Exotic disclaims any liability with
respect to content in the message boards or chat areas of Exotic Online.
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Welcome to Exotic Online. To ensure that you enjoy the highest
standards of quality and service during your visits to the Exotic Web
site, we encourage you to read through the following information. These
legal notices spell out the terms and conditions to which Users are
expected to adhere.
TERMS OF SERVICE
- EXOTIC ONLINE CONTENT AND USER SUBMISSIONS
1.1 The contents of the X Publishing, Inc. ("Exotic") Internet
service ("the Service") are intended for the personal, noncommercial
use of its Users. All materials published on xmag.com (including,
but not limited to news articles, photographs, images, illustrations,
audio clips and video clips, also known as "The Content") are protected
by copyright and other intellectual property laws, and are owned or
controlled by Exotic, or the party or advertiser credited as the provider
of the content, software or other materials. User shall abide by all
additional copyright or other notices, information or restrictions
appearing in conjunction with any Content accessed through the Service.
1.2 The Service is protected by copyright as
a collective work and/or compilation, pursuant to U.S. copyright laws,
international conventions and other copyright laws. Except as set forth
in Section 1 of this Terms of Service, User may not modify, adapt,
translate, exhibit, publish, transmit, participate in the transfer or
sale of, reproduce (except as provided in this section of the Terms of
Service), create derivative works from, distribute, perform, display,
reverse engineer, decompile or dissemble, or in any way exploit, any of
the Content, software, materials or Service in whole or in part.
1.3 User may download or copy the Content and other downloadable
items displayed on this Service for personal, noncommercial use only,
provided that User maintains all copyright and other notices contained
in such Content. Copying or storing of any Content for other than
personal, noncommercial use is expressly prohibited without the prior
written permission from Exotic, or the copyright holder identified
in the individual Content's proprietary notices including copyright
notice.
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FORUMS AND DISCUSSIONS
2.1 User shall not upload to, or distribute or otherwise publish
through, the Service any Content which is libelous, defamatory, abusive
or otherwise violates any law. Please use your best judgment and be
respectful of other individuals using the bulletin boards. Do not
use abusive or hateful language. Message boards within these sites
and services are provided to give our users an interesting and stimulating
forum in which they may express their opinions and share their ideas.
Exotic does not endorse the opinions placed on these bulletin boards.
User acknowledges that any submissions (e.g. Letter to the Editor,
Review or Commentary) may be edited, removed, modified, published,
transmitted and displayed by Exotic. In addition, user warrants that
all moral rights in any uploaded materials have been waived.
2.2 The Mesage Boards shall be used only in a noncommercial
manner. User shall not, without the express approval of Exotic, distribute
or otherwise publish any material containing any solicitation of funds,
advertising or solicitation for goods or services, or to promote Web
sites or online services which are competitive with Exotic and the
Service. You agree that you will not submit any ideas for stories,
features, designs, scripts, merchandise or publication of any type.
2.3 While Exotic Online does not and cannot review every message
posted by Users in the Message Boards and is not responsible for any
content of these messages, Exotic reserves the right to delete, move
or edit messages that it, in its sole discretion, deems are in violation
of the law (including trademark and copyright law), or this User Agreement,
or are abusive, defamatory, annoying or otherwise unacceptable. Users
shall remain solely responsible for the content of their messages.
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ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 Exotic Online contains links to other related World Wide
Web Internet sites, resources and sponsors of Exotic. Selection of
an ad banner or link redirects User off of Exotic Online to a third
party. Transactions that occur between the User and the third party
are strictly between the User and the third party and are not the
responsibility of Exotic. Because Exotic is not responsible for the
availability of these outside resources or their contents, User should
direct any concerns regarding any external link to its site administrator
or webmaster.
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REPRESENTATIONS AND WARRANTIES
4.1 User represents, warrants and covenants (a) that no materials
of any kind submitted by User or Exotic's use thereof in accordance
with the terms and conditions of this User Agreement, will (i) violate,
plagiarize or infringe upon the rights of any third party, including
copyright, trademark, privacy or publicity, moral rights, contract
or other personal or proprietary rights; or (ii) contain libelous
or otherwise unlawful material; (iii) constitute false or misleading
indications of origin or statements of fact; (iv) slander, libel or
defame any person or entity; (v) cause injury of any kind to any person
or entity; or (vi) violate any applicable laws, rules, regulations
or other governmental regulations; and (b) that user is at least 18
years old. User hereby indemnifies, defends and holds Exotic and all
officers, directors, owners, agents, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs incurred
by the Indemnified Parties in connection with any claim arising out
of any breach by User of the User Agreement or the foregoing representations,
warranties and covenants, including, without limitation, reasonable
attorneys' fees. User shall cooperate as fully as reasonably required
in the defense of any claim. Exotic reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by User.
4.2 Exotic neither represents nor endorses the accuracy or
reliability of any advice, opinion, statement, or other information
displayed, uploaded, or distributed through the Service by any User,
information provider or any other person or entity. EXOTIC ONLINE,
THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS
PROVIDED BY EXOTIC OR THIRD PARTIES THROUGH EXOTIC ONLINE AND THE
SERVICE ARE PROVIDED "AS IS." EXOTIC MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, AS TO THE 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 OR USEFULNESS OF ANY
MATERIALS PROVIDED THROUGH THE SERVICE. EXOTIC SHALL NOT BE RESPONSIBLE
TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION
WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS
PROVIDED BY EXOTIC OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE
OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS
IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF
THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF EXOTIC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
4.3 User hereby acknowledges that use of the
Service is at User's sole risk.
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SOFTWARE LICENSES
5.1 User shall have no rights to any proprietary software and
related documentation, or any enhancements or modifications thereto,
that may be provided to User to access the Service ("Access Software").
User may not sublicense, assign or transfer any licenses granted by
Exotic, and any attempt at such sublicense, assignment or transfer
is void. User may copy such software for archival purposes only. User
may not copy, distribute, modify, reverse, engineer or create derivative
works from Access Software.
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TERMINATION
6.1 Exotic may, in its sole discretion, terminate or suspend
User’s access to all or part of the Service for any reason, including,
without limitation, breach of the Terms of Service.
6.3 Users of Exotic Online acknowledge that site administrators
have the right to terminate use without notice for any User who restricts,
inhibits or disrupts any Exotic event or attempts to alter or improperly
access any feature or function of the site. A User's access may also
be subject to termination if the User posts or transmits any illegal
content; harasses or threatens any Exotic Online User or Exotic employee
or subcontractor; posts content (including the creation of usernames)
that is offensive or otherwise disruptive of Exotic Online activities;
posts unsolicited advertising; or improperly impersonates a Exotic
employee or other individual.
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MISCELLANEOUS
7.1 This User Agreement has been made in and shall be construed
and enforced in accordance with Illinois law. Any action to enforce
this agreement shall be brought in the federal or state courts located
in Portland, Oregon.
7.2 Official
correspondence must be sent via postal mail
to:
X Publishing, Inc.
Attention: Exotic Online
818 SW 3rd Avenue, Suite 324
Portland, Oregon 97204
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