X PUBLISHING, INC.
Exotic Magazine Legal Notices

Revised January 7, 2000

  1. Copyright Notice
  2. Miscellaneous Disclaimers
  3. Exotic Online Terms and Conditions


Copyright Notice

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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Miscellaneous Disclaimers

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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Exotic Online Terms and Conditions

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
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. TERMINATION

    6.1 Exotic may, in its sole discretion, terminate or suspend Userís 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.

  7. 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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 © X Publishing, Inc. All rights reserved.