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Terms And ConditionsLegal Information GENERAL TERMS AND CONDITIONS 1. ACCEPTANCE By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual 3S Entertainment Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. 2. CONDITIONS AND RESTRICTIONS ON USE Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that 3S Entertainment may terminate your access to the 3S Entertainment Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by 3S Entertainment. Any such termination shall be in 3S Entertainment' sole discretion and may occur without prior notice, or any notice. 3S Entertainment further reserves the right to terminate any user's access to the 3S Entertainment Network or to any of the Products and Services for any conduct that 3S Entertainment, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to 3S Entertainment or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. 3S Entertainment further reserves the right to terminate any user's access to the 3S Entertainment Network or to any of the Products and Services for any reason or for no reason at all, in 3S Entertainment' sole discretion, without prior notice, or any notice. In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.3S-Entertainment.com/ or another of the URLs associated with the 3S Entertainment Network. Be aware that the majority of the 3S Entertainment Network is for adult or mature audiences. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the 3S Entertainment Network not open to persons under 18 years of age. With respect to general audience content, if 3S Entertainment learns that anyone under the age of 13 has accessed the Products and Services, 3S Entertainment will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the 3S Entertainment Network, however, may not be available to children under 13 under any circumstances. 3S Entertainment does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status. 3. REGISTRATION AND PRIVACY Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various 3S Entertainment Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or 3S Entertainment has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 3S Entertainment has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All 3S Entertainment Network registrations become the exclusive property of 3S Entertainment, its affiliates and subsidiaries. 3S Entertainment reserves the right to use and reuse all registration and other personally identifiable user information subject to the 3S Entertainment Network Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the 3S Entertainment Network Privacy Policy and at individual 3S Entertainment Network sites. Click here to review the complete 3S Entertainment Network Privacy Policy. 4. RESPONSIBILITY FOR MINORS In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT MOST AREAS OF THE 3S Entertainment NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. 5. PARENTAL CONTROLS AND CHILD SAFETY Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available. For more information on such parental control protections, you can visit almost any major search engine and conduct a search to find what you seek. 6. MEMBER AND USER CONDUCT Upon registering, you will receive a password and 3S Entertainment Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify 3S Entertainment of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The 3S Entertainment Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the 3S Entertainment Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The 3S Entertainment Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the 3S Entertainment Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, 3S Entertainment does not pre-screen user or third party Content posted on the 3S Entertainment Network, except for certain areas where 3S Entertainment employs certain automated screening software, although 3S Entertainment reserves the right to do so. 3S Entertainment does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. 3S Entertainment reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by 3S Entertainment. The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software (coming soon) on the 3S Entertainment Network is to maintain, publish and produce web sites on the 3S Entertainment Network that are consistent with these terms and conditions. Prohibited Conduct You agree that you will not use 3S Entertainment Network Products and Services to:
You acknowledge and agree that the 3S Entertainment Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation 3S Entertainment and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by 3S Entertainment, in its sole discretion. 3S Entertainment may also terminate access to, or membership in, the 3S Entertainment Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the 3S Entertainment Network, including without limitation information in Chat, Message Boards, Clubs, and in all other parts of the 3S Entertainment Network Products and Services. You expressly acknowledge and agree that the 3S Entertainment Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 3S Entertainment, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by 3S Entertainment with regard to its users may be disclosed in accordance with 3S Entertainment' Privacy Policy. 3S Entertainment also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a 3S Entertainment Mail account may be terminated or suspended if a user fails to sign-in to the 3S Entertainment Mail Service for an extended period of time; please see the 3S Entertainment Mail Help section for more information regarding 3S Entertainment Mail 's policies concerning account termination. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases. 7. LICENSE TO MEMBER WEB PAGES AND OTHER USER CONTENT By submitting content, web page(s) or any other web page hosting service on the 3S Entertainment Network, you grant 3S Entertainment a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such content / web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the 3S Entertainment Network. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular 3S Entertainment Network service. In the event that such membership is terminated, 3S Entertainment will relinquish all rights to the user's Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated. You acknowledge and agree that 3S Entertainment runs advertisements on the web pages of its users and grant 3S Entertainment the right to do so. These advertisements may include, without limitation, "banner" advertisements and possibly "pop-up text" (which we do not believe in) advertisements. The manner, mode, and extent of such advertising is subject to change. With respect to any other Content posted by or in connection with the Products and Services, you grant 3S Entertainment a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the 3S Entertainment Network. Such license shall apply with respect to any form, media, or technology now known or later developed. 8. DISCLAIMER OF WARRANTIES THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, 3S ENTERTAINMENT DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, 3S ENTERTAINMENT DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. 3S ENTERTAINMENT SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3S ENTERTAINMENT DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. 3S ENTERTAINMENT DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. 3S ENTERTAINMENT DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. 3S ENTERTAINMENT MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY 3S ENTERTAINMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 9. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL 3S ENTERTAINMENT OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF 3S ENTERTAINMENT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE 3S ENTERTAINMENT NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHT THE 3S ENTERTAINMENT NETWORK. 3S ENTERTAINMENT, INC.'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE MEMBER'S MOST RECENT MEMBERSHIP FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL 3S ENTERTAINMENT OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. 10. REMOVAL OF LINKS 12. REMOVAL OF LINKS The 3S Entertainment Network occasionally receives requests from people to remove links from the 3S Entertainment Network search services. Although the 3S Entertainment Network reserves the right to address such requests individually, the general approach that the 3S Entertainment Network takes reflects the following principles: The catalogs and databases used in connection with the 3S Entertainment Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the 3S Entertainment Network cannot and does not screen anything made available through the 3S Entertainment Network search services' catalogs and databases. In other instances, the 3S Entertainment Network makes available directories and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the 3S Entertainment Network are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time. 11. DISCLAIMER REGARDING THIRD PARTY CONTENT The 3S Entertainment Network offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, 3S Entertainment has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the 3S Entertainment Network or provided to the 3S Entertainment Network by third parties, 3S Entertainment may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the 3S Entertainment Network from such sources is developed by people over whom the 3S Entertainment Network exercises no control. The search results that appear from the catalogs indexed by the 3S Entertainment Network's spiders or web robots are automated, and the 3S Entertainment Network cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the 3S Entertainment Network are posted by third parties, and, with the exception of certain automated screening functions, 3S Entertainment cannot and does not screen such web pages before they are made accessible to other users of the 3S Entertainment Network. Accordingly, neither the 3S Entertainment Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the 3S Entertainment Network web sites or in any web page hosted for a third party within the 3S Entertainment Network. In instances where the 3S Entertainment Network does review the sites that are displayed in directories and/or references, or where the 3S Entertainment Network makes available directories and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by 3S Entertainment, if any, is narrowly limited to that which is necessary for compiling the particular set of links. 12. STORAGE Many features of the 3S Entertainment Network store information on behalf of users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings on 3S Entertainment. 3S Entertainment reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive. Specifically, 3S Entertainment reserves the right, in its sole discretion, to delete any materials (including emails) stored in connection with a 3S Entertainment Mail account if the user's account has been inactive for ninety (90) days. 13. 3S ENTERTAINMENT COMMUNITIES GUIDELINES - CHAT, CLUBS, AND MESSAGE BOARDS Users of 3S Entertainment Communities, which includes all 3S Entertainment Network chat, clubs, and message boards are expected to adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described above. Any user failing to comply with these Terms and Conditions may be expelled from a chat room, a club, or a message board by a 3S Entertainment moderator or host, and 3S Entertainment may terminate or restrict such user's 3S Entertainment Network accounts. In addition, 3S Entertainment may remove any Content that violates these Terms and Conditions or is otherwise objectionable, in 3S Entertainment' sole discretion. No child under the age of 13 may participate in 3S Entertainment Communities, including all chat, clubs, or message boards offered throughout the 3S Entertainment Network. Please read all the Prohibited Conduct described above before using the 3S Entertainment Communities' services, and keep in mind the following when using 3S Entertainment services:
Community Manager 3S Entertainment, Inc. P.O. Box 6833 New Albany, IN 47151-6833 communities@3S-Entertainment.com Please read the entire Terms and Conditions as all 3S Entertainment Network properties, Products and Services are subject to these Terms and Conditions. 14. 3S ENTERTAINMENT SHOPPING 3S Entertainment Shopping ("Fantasy Products") is made available only to those users who are of the legal age of consent in their jurisdiction. You may not use 3S Entertainment Shopping if you have not reached that age or, in any event, if you are less than eighteen (18) years old. You may only use 3S Entertainment Shopping if you are a United States resident and may only use 3S Entertainment Shop from locations within the United States for transactions to be completed within the United States. By accepting these Terms and Conditions, you represent and warrant that you are a United States resident and are using 3S Entertainment Shopping at a location within the United States for a transaction to be completed within the United States. Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete. By submitting an order to purchase any goods or services from individual Merchants, users are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions. Each user may use one password and may not use additional passwords. Each user is required to use his or her password for his or her own use only. Users may not permit others to use their passwords. Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services. 3S Entertainment has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through 3S Entertainment Shopping or with any user of 3S Entertainment Shopping. 3S Entertainment cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can 3S Entertainment confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements through 3S Entertainment Shopping will act in accordance with those statements. 3S Entertainment will not get involved in any dispute between users of the Service and Merchants accessible through 3S Entertainment Shopping. LIKE OTHER AREAS OF THE 3S ENTERTAINMENT NETWORK PRODUCTS AND SERVICES, YOUR USE OF 3S ENTERTAINMENT SHOPPING IS SUBJECT TO THE CAPITALIZED LANGUAGE SET FORTH ABOVE REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. PLEASE RE-READ THOSE PROVISIONS CAREFULLY. As with all other aspects of the Products and Services, by using 3S Entertainment Shopping, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of 3S Entertainment Shopping, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of 3S Entertainment Shopping. 15. DISCLAIMER REGARDING MULTIMEDIA SEARCH AND OTHER PICTURES, MOVIES, STREAMS AND SOUNDS LOCATED THROUGH THE 3S ENTERTAINMENT NETWORK SERVICES Pictures, movies, streams, and sounds (the "Multimedia Content") located through out the 3S Entertainment Network are protected by copyright and/or other intellectual property laws. 3S Entertainment does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the 3S Entertainment Network, all of the Multimedia Content contained on such sites is owned and served by entities other than the 3S Entertainment. The 3S Entertainment Network provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through our site for commercial or noncommercial purposes, we strongly suggest that you contact the server of the Multimedia Content for permission to use the Multimedia Content. 16. 3S ENTERTAINMENT NETWORK IMAGE GALLERY LIMITED LICENSE: Use of the 3S Entertainment Image Gallery indicates your acceptance of the following terms and conditions and the 3S Entertainment Network Terms and Conditions. The images made available through the 3S Entertainment Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither 3S Entertainment nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on any of 3S Entertainment Image Galleries. 17. PROFESSIONAL INFORMATION DISCLAIMER The 3S Entertainment Network makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. The 3S Entertainment Network does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the 3S Entertainment Network is made available subject to The 3S Entertainment Network' Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above. THE 3S Entertainment NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD. 18. ADVERTISERS AND CONTENT LINKED TO THE 3S Entertainment NETWORK 3S Entertainment may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the 3S Entertainment Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. 3S Entertainment has no control over such sites and resources. You acknowledge and agree that 3S Entertainment is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 3S Entertainment shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 3S Entertainment Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 3S Entertainment shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services. 3S Entertainment encourages you to exercise discretion while using the Products and Services to browse the Internet. 3S Entertainment may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. 3S Entertainment makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the 3S Entertainment Network web sites. 3S Entertainment shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the 3S Entertainment Network' search results or otherwise linked to the 3S Entertainment Network web sites or provided to the 3S Entertainment Network by third parties. 19. NO LICENSE; INTELLECTUAL PROPERTY OF 3S ENTERTAINMENT AND OTHERS Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the 3S Entertainment Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the 3S Entertainment Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of 3S Entertainment and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by 3S Entertainment in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by 3S Entertainment, any of 3S Entertainment' affiliates, or any of 3S Entertainment' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the 3S Entertainment Network of any purpose other than the purpose for which such Content is made available to users by 3S Entertainment. You agree not to defame or disparage 3S Entertainment, the trademarks or service marks of 3S Entertainment, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the 3S Entertainment Network. 20. INDEMNITY AND RELEASE By using the 3S Entertainment Network web sites you agree to indemnify 3S Entertainment, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the 3S Entertainment Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to 3S Entertainment or from any person's use of any account or password you maintain with any portion of the 3S Entertainment Network, regardless of whether such use is authorized by you. By using the 3S Entertainment Network, using the Products and Services, or submitting any ideas and/or related materials to 3S Entertainment, you are hereby agreeing to release 3S Entertainment and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to 3S Entertainment. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 21. LIMITATION OF ACTIONS You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the 3S Entertainment Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred. 22. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS It is the policy of the 3S Entertainment Network to respond expeditiously to claims of intellectual property infringement. 3S Entertainment will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the 3S Entertainment Network will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The 3S Entertainment Network will terminate access for subscribers and account holders who are repeat infringers. Notices of claimed infringement should be directed to: 3S Entertainment, Inc.Please put "Notice of Infringement" in the subject line of all such notifications. When 3S Entertainment removes or disables access to any material claimed to be infringing, 3S Entertainment may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although 3S Entertainment makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. 3S Entertainment will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before 3S Entertainment replaces or restores access to any material as a result of any counter notification. 23. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes. 24. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES The 3S Entertainment Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The 3S Entertainment Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes. 25. MERGER These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between 3S Entertainment' representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual 3S Entertainment Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found. 26. NON-WAIVER AND SEPARABILITY 3S Entertainment' failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect. 27. RELATIONSHIP OF PARTIES You acknowledge and agree that you and 3S Entertainment are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. 28. NO RESALE, ASSIGNMENT, OR SUBLICENSING You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of 3S Entertainment. 29. SUCCESSORS AND ASSIGNS Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. 30. TERMINATION; SURVIVAL These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by 3S Entertainment. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions. 31. COMMUNICATIONS WITH USERS 3S Entertainment reserves the right to communicate with you regarding your use of the Products and Services. 32. SUBMISSIONS OF IDEAS The 3S Entertainment Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the 3S Entertainment Network, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO 3S ENTERTAINMENT BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO 3S ENTERTAINMENT, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO 3S ENTERTAINMENT THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT 3S ENTERTAINMENT IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY 3S ENTERTAINMENT, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. 33.STANDARD ADVERTISING TERMS AND CONDITIONS Click here for information regarding standard advertising terms and conditions. 34. VIOLATIONS OF TERMS AND CONDITIONS Should you violate these Terms and Conditions or any other rights of 3S Entertainment and the 3S Entertainment Network, 3S Entertainment reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the 3S Entertainment Network web sites. If you are aware of any violations of these Terms and Conditions, please report them to: 3S Entertainment Network Abuse ManagerFor individual Products and Services Violations of these Terms and Conditions, please use the respective email addresses to contact the 3S Entertainment Network: Chat: communities@3S-Entertainment.com Messageboards: communities@3S-Entertainment.com Web pages: abuse@3S-Entertainment.com
35. PrivatelyYours.com Please read the entire 3S Entertainment Network Terms and Conditions before you register for PrivatelyYours.com. By registering for and using PrivatelyYours.com you agree to become a member of the PrivatelyYours.com service and to be bound by these Terms and Conditions for as long as you continue to be a member. Please review these Terms and Conditions from time to time as changes may be made. By registering for PrivatelyYours.com, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the PrivatelyYours.com will not violate any applicable law. PrivatelyYours.com includes communities intended for adults and communities not intended for those under the age of 18. You represent and warrant that you will only participate in communities appropriate to your age. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your profile or email. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members. Please choose carefully the information you post on PrivatelyYours.com and that you provide to other members. Your PrivatelyYours.com profile may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses, and any photographs posted by you may contain nudity but not any any personal information. Please read Section 6 above, Member Conduct, for additional terms and conditions regarding your use of PrivatelyYours.com. You may not circumvent the 'Block Mail' feature or otherwise contact another PrivatelyYours.com member after that member has "blocked you". The information provided by other PrivatelyYours.com members (for instance, in their Questionnaire, Essay or Survey answers) may contain inaccurate, inappropriate or offensive material, products or services for which 3S Entertainment assumes no responsibility or liability. 3S Entertainment reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the 3S Entertainment Network, including PrivatelyYours.com, at any time, for any or no reason, with or without prior notice, and without liability. By participating in any offline PrivatelyYours.com event, you agree to release and hold 3S Entertainment harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline PrivatelyYours.com event. You may cancel your contract for PrivatelyYours.com services within three business days after the first business day after you execute the contract, and all monies paid under the contract, if any, will be refunded to you. For the purposes of this paragraph, a "business day" means any day on which PrivatelyYours.com is open for business. Your right to cancel your contract is in addition to any other contract rights or remedies provided by law. In addition, if you die during the term of your subscription, your estate will be liable for only that portion of the charges allocable to the time before your death. Notice of cancellation under this paragraph must be made in writing and delivered by certified or registered mail to PrivatelyYours.com, c/o 3S Entertainment, Inc., P.O. Box 6833, New Albany, IN 47151-6833. We hope your enjoyment of 3S Entertainment' Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the 3S Entertainment community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services. Last updated March 14, 2003 |
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