Terms of Use
Sunday, 01 June 2008

Welcome to The Rubber Fetish Site (tm) Web Site ("Site"). Please review the following basic rules that govern your use (collectively, "Use") of our Site (the "Agreement"). Please note that your Use of our Site constitutes your agreement to follow and be bound by those rules.


General

We may from time to time change the rules that govern your Use of our Site. Your Use of our Site following any such change constitutes your agreement to follow and be bound by the rules as changed.

We may change, move or delete portions of, or may add to, our Site from time to time.

Site Contents

Unless otherwise noted, the design of and all materials, including images, illustrations, designs, icons, photographs, music, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by The Rubber Fetish Site (tm) and/or its subsidiaries and affiliates (collectively, "The Rubber Fetish Site (tm)"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by The Rubber Fetish Site (tm). Contents are protected by The Copyright Laws Title 17 of the United States Code and that All Images on this site have been registered with The U.S. Copyright Office of The Library of Congress.

The Rubber Fetish Site (tm), RubberFetish.com and trademarks appearing at this Site are trademarks of The Rubber Fetish Site (tm) and its subsidiaries.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.


User Comments, Feedback, and other Submissions

While we welcome your comments and feedback regarding our Site, and our services, we do not want to receive and do not accept confidential or proprietary ideas, suggestions, materials or other information. Accordingly, please note that all comments, feedback, postcards, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to The Rubber Fetish Site (tm) on or by this Site or otherwise (collectively, "Comments") shall be and remain The Rubber Fetish Site's (tm) property. Any such disclosure, submission or offer of any Comments shall constitute an assignment to The Rubber Fetish Site (tm) of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, The Rubber Fetish Site (tm) will own exclusively all such rights, titles and interests in, and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Rubber Fetish Site (tm) is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.


You agree that no Comments submitted by you to The Rubber Fetish Site (tm) through the Site or otherwise will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that The Rubber Fetish Site (tm) may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

Links to other Web Sites and Services

To the extent that this Site contains links to outside services and resources, the availability and content of which The Rubber Fetish Site (tm) does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THIS SITE, ALL CONTENTS OF THE SITE, AND ALL PRODUCTS AND SERVICES OFFERED IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS" BASIS, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RUBBER FETISH SITE (tm) DISCLAIMS ALL WARRANTIES OF ANY KIND IN CONNECTION THEREWITH, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, THE RUBBER FETISH SITE (tm) DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH THE RUBBER FETISH SITE (tm) ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THIS SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT THE RUBBER FETISH SITE (tm) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF THE RUBBER FETISH SITE (tm) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold The Rubber Fetish Site (tm) harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Non Commercial Use by Members

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary Rights in Content on The Rubber Fetish Site

The Rubber Fetish Site owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of The Rubber Fetish Site, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site
  1. You understand and agree that The Rubber Fetish Site may review and delete any content, messages, The Rubber Fetish Site Messenger messages, photos or profiles (collectively, "Content") that in the sole judgment of The Rubber Fetish Site violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
  2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
  3. By posting Content to any public area of The Rubber Fetish Site, you automatically grant, and you represent and warrant that you have the right to grant, to The Rubber Fetish Site an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. The Rubber Fetish Site reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
    is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • 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;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
    engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  1. You must use the Service in a manner consistent with any and all applicable laws and regulations.
  2. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.
  3. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although The Rubber Fetish Site cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or 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, The Rubber Fetish Site reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which The Rubber Fetish Site deems appropriate in its sole discretion.
Miscellaneous

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of marketing and promoting The Rubber Fetish Site's (tm) and services available in the United States and select foreign markets. This Site is controlled and operated by The Rubber Fetish Site (tm) from its offices in Los Angeles, California USA.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this agreement shall be resolved by arbitration before a single arbitrator of the American Arbitration Association and shall be held in Los Angeles, California.

Termination

This Agreement is effective unless and until terminated by either you or The Rubber Fetish Site (tm). You may terminate this Agreement at any time. The Rubber Fetish Site (tm) also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in The Rubber Fetish Site (tm)'s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or The Rubber Fetish Site (tm), you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.