***To join !! omg social club !! you must be 18 years or older and post a profile photo that clearly shows your face or body (non-nude)***
IMPORTANT LEGAL NOTICE:
AGREEMENT FOR SUBMITTING CONTENT TO OMGSOCIALCLUB.COM
ATTENTION: These terms and conditions (“the Terms and Conditions”) apply to the website under the domain name omgsocialclub.com (“the Website”) and to any electronic correspondence between you and omgsocialclub.com concerning submitting content to this Website.
Please read the Terms and Conditions carefully before submitting content to this Website. Submitting content, including but not limited to any artistic, literary or dramatic works (“Works”), to this Website indicates that you accept these terms.
If you do not accept these Terms and Conditions, do not submit Works to this Website. This notice is issued by !! omg social club !! (“the Company”).
1. INTRODUCTION
* 1.1 You may only submit Works to this Website by expressly acknowledging acceptance of these Terms and Conditions and providing an email address.
* 1.2 The Company may revise these Terms and Conditions at any time by updating this posting. You should check this Website from time to time to review the current Terms and Conditions, because it is binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated Terms and Conditions or terms located on particular pages at this Website.
2. INTELLECTUAL PROPERTY RIGHTS
* 2.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensers.
* 2.2 Any rights not expressly granted in these terms are reserved.
* 2.3 You represent and warrant that you are the owner of all right title and interest in the Works or that you have the right to grant the license set forth below in paragraph 3.1.
3. VISITOR’S SUBMISSION OF WORKS
* 3.1 In consideration for your Works appearing on the Website, you grant the Company a perpetual royalty free non-exclusive license to use, reproduce, modify, translate, transmit, distribute and sub-license any Works you supply or communicate to the Website in any medium, now in existence or hereafter developed, for any purposes, including commercial use.
* 3.2 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligation with respect to such material.
* 3.3 You are prohibited from posting or transmitting to or from this Website any Works for which you have not obtained all necessary licenses and/or approvals.
* 3.4 The Company respects the intellectual property rights of others, and we ask our users do the same.
* 3.5 If you believe your work has been copied and is accessible on the Website, or that it contains links or references to another online location that contains Works that infringes your copyright, please contact the Company.
4. INDEMNITY
* 4.1 You agree to indemnify the Company and its affiliates, employees, agents, its designees and licensees and to hold them harmless from any and all claims and liabilities (including legal fees) that may arise from your submissions of Works to the Website, from your breach of these Terms and Conditions, or from any such acts arising from your use of the Website.
* 4.2 You agree to indemnify the Company, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders, agents or any of them, from all liability and responsibility for any amount or kind of loss or damage that may result to you or to a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with submitting Works to this Website or by the Company reproducing the Works in any form.
5. LIABILITY
* 5.1 Nothing in this Terms and Conditions shall exclude or limit the Company´s liability for:(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or(b) fraud; or(c) misrepresentation as to a fundamental matter; or(d) any liability which cannot be excluded or limited under applicable law.
* 5.2 If the submission of Works to this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6. PRIVACY POLICY
* The information that you provide about yourself to the Company will only be used by the Company in accordance with its Privacy Policy. The Privacy Policy does not apply to third party sites.
7. GOVERNING LAW AND JURISDICTION
* These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States, where the issue is a federal question and the laws of the State of California where the issue is a state question. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction and venue of a court in the State of California and disputes arising in connection with the copyright laws shall be subject to the exclusive jurisdiction of the United States Courts in the Northern District of California.
8. EFFECTIVE DATE
* This Agreement is effective on the date you agree to these terms and conditions and successfully submits the Works.
The following Terms of Service apply to your use of this Network. You are solely responsible for your conduct and your content on the Network and compliance with these terms. By registering with us or using or browsing this Network, you acknowledge that you have read, understood, and agree to be bound by these terms. This Network is not directed to children younger than 13 and is offered only to users 18 years of age or older. Any person who provides their personal information through this Network represents that they are 18 years of age or older.
You agree that you will not post, email or make available any content or use this Network:
- In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
- in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines;
- in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- in a manner that is harmful to minors in any way;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
- to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to this Network without authorization;
- to interfere or attempt to interfere with the proper working of this Network or prevent others from using this Network, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to this Network, or that otherwise negatively affects other persons' ability to use this Network;
- to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy this Network or the content contained therein;
- to facilitate the unlawful distribution of copyrighted content;
- in a manner that includes personal or identifying information about another person without that person's explicit consent;
- in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through this Network or to users; and
- in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
Additionally, you agree not to:
- "Stalk" or otherwise harass anyone;
- Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
- Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of this Network or to proxy authentication credentials for any member of this Network for the purposes of automating logins to this Network;
- Post any content containing child pornography to this Network;
- Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
- Post any content that constitutes pornography, contains nudity, or is adult in nature.
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Network - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
- Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Network's infrastructure;
- Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, this Network;
- Use this Network as a generic file hosting service;
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of this Network or for using it for purposes unrelated to this Network); and
- Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of this Network.
To provide notice of alleged copyright infringement on this Network, please see the DMCA Notification Guidelines.
You agree not to authorize or encourage any third party to use this Network to facilitate any of the foregoing prohibited conduct. You also agree that these Network Terms of Service inure to the benefit of our service providers (including our Network platform provider) and that they may take action (including the removal of your content and disabling of your account) in order to maintain compliance with these Network Terms of Service. Technology and hosting for aspects of this Network are provided by this Network's online service provider. However, the Network Creator of this Network controls the content, membership and policy of this Network, including those pages served by such service provider on behalf of this Network. Notwithstanding anything to the contrary, by participating on this Network you agree to indemnify and hold harmless such service provider on all matters related to your interaction with others using this Network and participation with this Network.