BettyConfidential Magazine: Terms of Use Agreement

The BettyConfidential Magazine is a content and social networking service that allows Members to create unique personal profiles online in order to find and communicate with each other. The services offered by Desha Productions, Inc. on the BettyConfidential Magazine (BettyConfidential) include this website and any other features, content, or applications offered by BettyConfidential in connection with the BettyConfidential Magazine Website (collectively the “BettyConfidential Services”). The BettyConfidential Services are hosted in the U.S.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for all Users of the BettyConfidential Services. The term “User” includes both a “Visitor” (which means one who simply browses the website) and a “Member” (which means one who has registered with the website). By using the BettyConfidential Services, you agree to be bound by this Agreement.

You are only authorized to use the BettyConfidential Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave this website and discontinue use of the BettyConfidential Services. If you wish to become a Member, communicate with other Members, and make use of the BettyConfidential Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes BettyConfidential.com’s policy for acceptable use of the BettyConfidential Services and Content posted on theis website, and a User’s rights, obligations and restrictions regarding use of the BettyConfidential Services. In order to use certain BettyConfidential Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise excluded by the additional terms and conditions applicable to the specific BettyConfidential Services, those additional terms are hereby incorporated into this Agreement.

BettyConfidential may modify this Agreement from time to time and such modification shall be effective upon posting by BettyConfidential on this website. All Users agree to be bound to any changes to this Agreement after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please carefully choose the information you post on this website and that which you provide to other Users. Your online profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. BettyConfidential assumes no responsibility or liability for inaccurate, inappropriate, offensive, or sexually explicit material, products, or services. If you become aware of misuse of the BettyConfidential Services by any person, please contact BettyConfidential immediately.

BettyConfidential reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by any User, or to restrict, suspend, or terminate a User’s access to all or any part of the BettyConfidential Services at any time, for any or no reason, with or without prior notice, and without liability. BettyConfidential expressly reserves the right to remove a User’s profile, and/or to restrict, suspend, or terminate a User’s access to any part of BettyConfidential Services if BettyConfidential determines, in its sole discretion, that a User poses a threat to BettyConfidential and/or its Users.

1. Eligibility. Use of and Membership in the BettyConfidential Services is void where prohibited. By using the BettyConfidential Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the BettyConfidential Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the BettyConfidential Services or are a Member. You may terminate your Membership at any time, for any reason, by contacting service@BettyConfidential.com. BettyConfidential.com may terminate your Membership at any time, without warning. Even after Membership is terminated by BettyConfidential, this Agreement will remain in effect for any claims arising out of or relating to the use of BettyConfidential Services.

3. Fees. You acknowledge that BettyConfidential reserves the right to charge for the BettyConfidential Services and to change its fees from time to time in its discretion. If BettyConfidential terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify BettyConfidential immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Non-commercial Use by Members. The BettyConfidential Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by BettyConfidential. Illegal and/or unauthorized use of the BettyConfidential Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to this website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the BettyConfidential Services.

6. Proprietary Rights in Content on BettyConfidential.com.

6.1. Non-Exclusive License Granted to BettyConfidential. BettyConfidential does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that Members post to the BettyConfidential Services. After posting Content to the BettyConfidential Services, a Member may continue to retain all ownership rights in such Content and continue to have the right to use this Content in any way he or she chooses. By displaying or publishing (“posting”) any Content on or through the BettyConfidential Services, a Member hereby grants to BettyConfidential a license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the BettyConfidential Services.

Without this license, BettyConfidential would be unable to provide certain parts of the BettyConfidential Services. For example, without the right to modify Member Content, BettyConfidential would not be able to digitally compress music files that Members submit, or otherwise format Content to satisfy technical requirements. Further, without the right to publicly perform Member Content, BettyConfidential.com could not allow Users to listen to music posted by Members. The license you grant to BettyConfidential is non-exclusive (meaning you are free to license your Content to anyone else in addition to BettyConfidential.com), fully-paid, and royalty-free (meaning that BettyConfidential is not required to pay you for the use on its website), sublicensable (so that BettyConfidential is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the BettyConfidential Services), and worldwide (because the Internet and the BettyConfidential Services are global in reach). This license will terminate at the time you remove your Content from the BettyConfidential Services. The license does not grant BettyConfidential the right to sell your Content, nor does the license grant BettyConfidential the right to distribute your Content outside of the BettyConfidential Services.

6.2. Warranty of Ownership of Posted Content. You represent and warrant that: (i) you own the Content posted by you on or through the BettyConfidential Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the BettyConfidential Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to indemnify and hold harmless BettyConfidential, its subsidiaries and affiliates, and their respective officers, agents, partners, and employees against any claims made by any third party related to any Content you posted, and agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the BettyConfidential Services.

6.3. BettyConfidential Content. In addition to member Content, the BettyConfidential Services contain Content exclusively owned by BettyConfidential (“BettyConfidential Content”). BettyConfidential Content is protected by copyright, trademark, patent, trade secret and other laws, and BettyConfidential owns and retains all rights in the BettyConfidential Content and the BettyConfidential Services. BettyConfidential hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BettyConfidential Content (excluding any software code) solely for your personal use in connection with viewing the BettyConfidential Website and using the BettyConfidential Services.

6.4. Prohibition Against Copying Other User’s Content. The BettyConfidential Services contain Content of Users and other BettyConfidential licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the BettyConfidential Services.

7. Content Posted on BettyConfidential Websites.

7.1. You are solely responsible for the Content that you post on or through any of the BettyConfidential Services, for any material or information that you transmit to other Members, and for your interactions with other Users. BettyConfidential does not endorse and has no control over the Content. Content is not necessarily reviewed by BettyConfidential prior to posting and does not necessarily reflect the opinions or policies of BettyConfidential. BettyConfidential makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that is transmitted to other Members.

7.2. BettyConfidential may delete any Content that it deems, in its sole discretion to violate this Agreement, to be offensive, illegal, harmful, or violative of the rights of others, or to threaten the safety of any person. However, BettyConfidential assumes no responsibility for monitoring the BettyConfidential Services for inappropriate Content, has no obligation to modify or remove any inappropriate Content, and has no responsibility for the conduct of the User submitting any such Content.

8. Prohibited Content.

The following is a partial list of Content that is illegal or prohibited on or through the BettyConfidential Services. BettyConfidential reserves the right to investigate and take appropriate legal action against anyone who, in BettyConfidential’s sole discretion, violates this provision, including without limitation, removing the offending communication from the BettyConfidential Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that:

8.1. is patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

8.2. harasses or advocates harassment of another person;

8.3. exploits people in a sexual or violent manner;

8.4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

8.5. solicits personal information from anyone under 18;

8.6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

8.7. promotes information that is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

8.8. 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;

8.9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

8.10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

8.12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.14. includes a photograph of another person that you have posted without that person’s consent; or

8.15. uses sexually suggestive imagery or any other unfair, misleading, or deceptive Content intended to draw traffic to the profile.

9. Prohibited Activity.

The following is a partial list of the kind of activity that is illegal or prohibited on the BettyConfidential Website and through your use of the BettyConfidential Services. BettyConfidential reserves the right to investigate and take appropriate legal action against anyone who, in BettyConfidential’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

9.1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

9.2. advertising to, or solicitation of, any Member to buy or sell any products or services through the BettyConfidential Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the BettyConfidential Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BettyConfidential reserves the right to restrict the number of emails or postings which a Member may send to other Members in any 24-hour period to a number which BettyConfidential deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited messages or other unsolicited communications of any kind through the BettyConfidential Services, you acknowledge that you will have caused substantial harm to BettyConfidential, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay BettyConfidential $50 for each such unsolicited message or communication you send through the BettyConfidential Services;

9.3. covering or obscuring the banner advertisements on your personal profile page, or any BettyConfidential website page via HTML/CSS or any other means;

9.4. any automated use of the system, such as using scripts to add friends or send comments or messages;

9.5. interfering with, disrupting, or creating an undue burden on the BettyConfidential Services or the networks or services connected to the BettyConfidential Services;

9.6. attempting to impersonate another Member or person;

9.7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

9.8. selling or otherwise transferring your profile;

9.9. using any information obtained from the BettyConfidential Services in order to harass, abuse, or harm another person;

9.10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the BettyConfidential Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or

9.11. using the BettyConfidential Services in a manner inconsistent with any and all applicable laws and regulations.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of BettyConfidential to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to BettyConfidential by the copyright owner or the copyright owner’s legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the BettyConfidential Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the BettyConfidential Services; (iv) your address, telephone number, and email address; (v) 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; (vi) 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. BettyConfidential’s Copyright Agent for notice of claims of copyright infringement can be reached at service@BettyConfidential.com.

11. Member Disputes. You are solely responsible for your interactions with other BettyConfidential Members. BettyConfidential reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. Privacy. Use of the BettyConfidential Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers. BettyConfidential is not responsible for any incorrect or inaccurate Content posted on the BettyConfidential Website or in connection with the BettyConfidential Services, whether caused by Users of the BettyConfidential Services or by any of the equipment or programming associated with or utilized in the BettyConfidential Services. Profiles created and posted by Members on the BettyConfidential Website may contain links to other websites. BettyConfidential is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BettyConfidential. Inclusion of any linked website on the BettyConfidential Services does not imply approval or endorsement of the linked website by BettyConfidential. When you access these third-party sites, you do so at your own risk. BettyConfidential takes no responsibility for third party advertisements which are posted on this BettyConfidential Website or through the BettyConfidential Services, nor does it take any responsibility for the goods or services provided by its advertisers. BettyConfidential is not responsible for the conduct, whether online or offline, of any User of the BettyConfidential Services. BettyConfidential 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, any User or Member communication. BettyConfidential is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the BettyConfidential Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the BettyConfidential Services. Under no circumstances shall BettyConfidential be responsible for any loss or damage, including personal injury or death, resulting from use of the BettyConfidential Services, attendance at a BettyConfidential event, from any Content posted on or through the BettyConfidential Services, or from the conduct of any Users of the BettyConfidential Services, whether online or offline. The BettyConfidential Services are provided “AS-IS” and as available and BettyConfidential expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BettyConfidential cannot guarantee and does not promise any specific results from use of the BettyConfidential Services.

14. Limitation on Liability. IN NO EVENT SHALL BETTYCONFIDENTIAL.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BETTYCONFIDENTIAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BETTYCONFIDENTIAL.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 BETTYCONFIDENTIAL FOR THE BETTYCONFIDENTIAL SERVICES DURING THE TERM OF MEMBERSHIP.

15. U.S. Export Controls. Software available in connection with the BettyConfidential Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the BettyConfidential Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Disputes. If there is any dispute about or involving the BettyConfidential Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Palo Alto. Either BettyConfidential or you may demand that any dispute between BettyConfidential and you about or involving the BettyConfidential Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Palo Alto, California, USA, provided that the foregoing shall not prevent BettyConfidential.com from seeking injunctive relief in a court of competent jurisdiction.

17. Indemnity. You agree to indemnify and hold BettyConfidential, its subsidiaries, and affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the BettyConfidential Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on this website or through the BettyConfidential Services causes BettyConfidential to be liable to another.

18. Attorneys. Fees. In any action at law, whether in court or in arbitration, that is brought by one of the parties to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees.

19. Other. This Agreement is accepted upon your use of this website or any of the BettyConfidential Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BettyConfidential regarding the use of the BettyConfidential Services. The failure of BettyConfidential to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BettyConfidential is a trademark of Desha Productions, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

BettyTalk

Additionally, there are some terms of use related to the BettyTalk community system. By accessing the BettyTalk community system on this website, you agree to be legally bound by the following terms in addition to what has been communicated above. If you do not agree to be legally bound by all of the following terms then please do not access and/or use the BettyTalk community system. We may change these at any time and we’ll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of BettyTalk and this website after changes mean you agree to be legally bound by these terms as they are updated and/or amended.

Our rooms and discussions (also called “forums”) are powered by phpBB (hereinafter “they”, “them”, “their”, “phpBB software”, “www.phpbb.com”, “phpBB Group”, “phpBB Teams”) which is a bulletin board solution released under the “General Public License” (hereinafter “GPL”) and can be downloaded from www.phpbb.com. The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where this website is hosted or International Law. Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The IP address of all posts are recorded to aid in enforcing these conditions. You agree that BettyConfidential has the right to remove, edit, move or close any topic at any time should we see fit. As a user you agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without your consent, neither BettyConfidential nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised.

Please contact us at service@BettyConfidential.com with any questions regarding this Agreement.