"Hot Chicks On Toilets" TERMS OF USE AGREEMENT
Welcome to "Hot Chicks On Toilets" on this Clear Channel Website. These Terms of Use apply only to the "Hot Chicks On Toilets" feature of our Website. The Hot Chicks On Toilets feature of our Website provides a fun way for you to get the general public's opinion of how you look, and the opportunity to view and rate how others look (collectively, our "Service").
This Clear Channel Website provides this Service for your personal non-commercial use only, and subject to your compliance with this Terms of Use Agreement. Please read the Terms of Use below before using the "Hot Chicks On Toilets" Service. Also, additional terms and conditions apply to your use of this Clear Channel Website as a whole. Please check the general Website terms of use statement to learn about your responsibilities when using the Website. Your use of the Service constitutes your acceptance to be bound by the "Hot Chicks On Toilets" Terms of Use plus any additional terms of using this Clear Channel Website without limitation, qualification or change. If at anytime you determine that you do not accept all the applicable terms and conditions, you must not post any images to the "Hot Chicks On Toilets" Service and must immediately discontinue use of this Service.
By clicking "I ACCEPT" below, you accept and are bound by these Terms of Use.
GENERAL PROVISIONS
1. Definitions.
1.1 In these Terms of Use, "you" means the User of this Service and/or the person posting an image to this Clear Channel Website and "we" or "us" means this Clear Channel Website, the provider of the Service.
2. Changes to Terms of Use.
2.1 This Clear Channel Website reserves the right, in its sole discretion, to modify, alter, or otherwise change the Terms of Use at any time, without prior notice to its users. Your continued use of the Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at anytime you determine that you do not accept all the terms and conditions of the Terms of Use, you must immediately discontinue use of the "Hot Chicks On Toilets" Service.
3. Minors.
3.1 Our service is intended for persons 18 years or older. When you post an image to this Service, you are representing to us that you are 18 years or older.
4. Representations and Warranties Made By User.
4.1 You hereby represent and warrant to this Clear Channel Website that:
(a) You have the full power and authority to enter into and perform under these Terms;
(b) Your use of our Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, and in addition, you own or otherwise have all rights necessary to license the image you submit. You may not have the right to post an image of a person other than yourself to this Service, and you warrant that you have obtained the explicit authorization of any such person before posting such an image to this Service;
(c) You will comply with all applicable laws in using our Service;
(d) You will not impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity for the purpose of posting an image that does not belong to you, or misleading, deceiving, and defrauding another.
(e) You will not use the information available through our Service for any unauthorized purpose;
(f) You will not resell or assign your rights or obligations under these Terms of Use;
(g) You will not interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or any other unauthorized use of our Service or this Clear Channel Website;
(h) You will not use our Service in the connection with the distribution of unsolicited commercial e-mail ("SPAM") or advertisements;
(i) You will not stalk or harass any other user of our Service;
(j) You will not collect or store any information about any other user other then in the course of the permitted use of our Service;
(k) You will not use our Service for any commercial purpose whatsoever; and
(l) You will not assist any third party in doing any of the foregoing.
5. User Content.
5.1 By submitting any content to our Service, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
5.2 You are solely responsible for any content that you submit, post or transmit via our Service. You agree not to post or submit any image that:
(a) Is libelous, defamatory or slanderous;
(b) Advocates illegal activity;
(c) Contains sexually explicit content (including nudity);
(d) Contains material that could be considered harmful, obscene, pornographic, indecent, violent, hateful, threatening, tortious, or otherwise objectionable;
(e) May denigrate, intimidate, victimize or harass any individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age or disability;
(f) Includes the image or likeness of individuals under 18 years of age;
(g) Encourages or otherwise depicts glamorized drug use (including alcohol and cigarettes);
(h) Makes use of offensive language or images;
(i) Characterizes violence as acceptable, glamorous or desirable; or
(j) Contains any personal contact information or other personal information identifying you or any other person.
5.3 Station staff will review your picture before it goes up on the Site. We reserve the right, in our sole and unfettered discretion, not to post any content that you or anyone else submits, as well as to edit, remove, or delete any content that you post or submit for any reason or no reason.
6. Third Party Content.
6.1 In your use of our Service, you may access content submitted by third parties ("Third Party Content"). We are not responsible for Third Party Content and make no representations or warranties concerning it. You acknowledge that by using our Service, you may be exposed to Third Party Content that is false, offensive, indecent, or otherwise objectionable. Under no circumstances will we be liable in any way for any Third Party Content, including without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored, or transmitted via our Service.
7. Privacy.
7.1 Our Service is designed to allow users to post images of themselves for public review and comment. By submitting your image, you are consenting to its public display, and thereby waive any privacy expectations you have with respect to our use and disclosure of your likeness. If you do not wish to have your image viewed by or disclosed to others, do not use our Service.
7.2 We may also collect certain other personal information from you that we do not post on our Site.
7.3 We reserve the right to disclose the images and information you provide to this Service without your consent to our business affiliates for promotional purposes, to prevent an emergency, to protect or enforce our rights, to protect or enforce our rights or the rights of a third party, in response to a court order or subpoena, or as otherwise required or permitted by law. In addition, we provide this personal information to third-party service providers who help us maintain our Service and deliver information and services to you and other users of our Service.
7.4 You should note that the privacy provisions applicable to the "Hot Chicks On Toilets" Service might differ from this Clear Channel Website's general privacy provisions. In case of a conflict between the Privacy Statement and this Website's general provisions, this statement applies to your information submitted in connection with the "Hot Chicks On Toilets" Service.
8. Username and Password.
8.1 Once you post or submit an image to our Service, you will select a username and password in order to check your composite "Hot Chicks On Toilets" rating. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password.
8.2 You agree to:
(a) Immediately notify us of any unauthorized use of your username and password or any other breach of security; and,
(b) Ensure that you log off from your account at the end of each session. You accept full responsibility for any loss or damage arising from your failure to safeguard the confidentiality of your username and password.
9. Fees.
9.1 Except where otherwise provided, access to and use of our Service is currently available without charge. This Clear Channel Website reserves the right to charge a fee for access or use of this Service at any time in the future. Your access to or use of this Service before such time does not entitle you to use this Service without charge in the future.
10. Use of Intellectual Property.
10.1 This Clear Channel Website, the "Hot Chicks On Toilets" Service and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video and audio material, software, this Clear Channel Website's logos, titles, names and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned by this Clear Channel Website or by other parties who have provided rights thereto to this Clear Channel Website.
10.2 Except as expressly authorized by us, you may not, and agree that you will not, sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content on our Site or this Service for any commercial purpose that is not expressly permitted by this Clear Channel Website.
10.3 You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use any of our trademarks as metatags on other Websites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at:
Kenneth E. Wyker
Clear Channel Communications, Inc.
200 East Basse Road.
San Antonio, Texas 78209
Attention: Legal Department
10.4 You may browse through the Service and from time to time download content appearing on the Service that is of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies.
11. Procedure for Making Claims of Copyright Infringement.
11.1 This Clear Channel Website respects the Intellectual Property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. In accordance with the DMCA provisions regarding removal of access to infringing material, [insert station call sign.com] shall remove or disable access to any material on our Website, for which its Designated Agent receives notice of infringement pursuant to 17 U.S.C. §512(c) or 512(d). This Clear Channel Website shall restore access to such material upon its Designated Agent's receipt of a counter-notice pursuant to 17 U.S.C. §512(g). These policies are in addition to and do not affect or modify other rights this Clear Channel Website may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement in Attachment A.
12. Termination.
12.1 You agree that we, in our sole and unfettered discretion, may terminate your access to our Service for any reason, including, without limitation, your breach of these Terms, or for no reason. You agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and images and/or bar any further access to such files or to our Service. In the event of termination you will still be bound by your obligations under this Terms of Use and any applicable terms, including warranties and representations made by you, and by the disclaimers and limitations of liability. Further you agree that we will not be liable to you or any third party for any termination of your access to our Service.
13. Discontinuance of Service.
13.1 We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Service with or without prior notice. You agree that we will not be liable to you or any third party for any modification or discontinuance of our Service.
14. Disclaimer of Warranties.
14.1 YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS CLEAR CHANNEL WEBSITE AND/OR ANY CLEAR CHANNEL INTERNET SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS CLEAR CHANNEL WEBSITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, THIS CLEAR CHANNEL WEBSITE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. CLEAR CHANNEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS CLEAR CHANNEL WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THIS CLEAR CHANNEL WEBSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS CLEAR CHANNEL WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTENT.
14.2 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Limitations on Liability.
15.1 IN NO EVENT SHALL THIS CLEAR CHANNEL WEBSITE, ITS SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS CLEAR CHANNEL WEBSITE AND ITS CONTENTS, BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS CLEAR CHANNEL WEBSITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE CLEAR CHANNEL WEBSITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THIS CLEAR CHANNEL WEBSITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS CLEAR CHANNEL WEBSITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS CLEAR CHANNEL WEBSITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS CLEAR CHANNEL WEBSITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEAR CHANNEL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
15.2 IN NO EVENT WILL THIS CLEAR CHANNEL WEBSITE'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE, WEBSITE OR THESE TERMS EXCEED THE DIRECT COST TO YOU OF ACCESSING THE "Hot Chicks On Toilets" SERVICE.
15.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
16. Indemnification.
16.1 You agree to indemnify, defend, and hold harmless this Clear Channel Website, its subsidiaries, agents, distributors and affiliates, and their officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including without limitation, reasonable attorneys' fees, resulting from your violation of any provision of this Terms of Use, any warranty you provide herein, any other terms applicable to your use of this Website, or any applicable law. This Clear Channel Website reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with this Clear Channel Website in asserting any available defenses.
17. Governing Law.
17.1 These Terms of Use shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and this Clear Channel Website agree to submit to the personal exclusive jurisdiction and the appropriateness of venue of the courts located in San Antonio, Texas.
17.2 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
18. No Waiver.
18.1 Our failure to enforce or delay in enforcing any provision of these Terms of Use will not be construed as a waiver of any provision or right.
19. No Agency.
19.1 There is no agency, partnership, joint venture, employee/employer or franchisor-franchisee relationship between this Clear Channel Website and any User of the Service.
20. Severability.
20.1 If a court deems any part of these Terms of Use invalid, the remaining parts shall remain in full force and effect.
21. Contact Information.
21.1 If you have questions concerning this Agreement, you may send them by e-mail to legal@clearchannel.com. You must send any official correspondence via postal mail to:
Kenneth E. Wyker
Clear Channel Communications, Inc.
200 East Basse Road.
San Antonio, Texas 78209
Attention: Legal Department
ATTACHMENT A
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, NAME, who can be reached as follows:
By mail:
NAME
Designated Agent
c/o Legal Department
Clear Channel Communications, Inc.
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210) 832-xxxx
By Email: copyright@clearchannel.com
Pursuant to 17 U.S.C. §512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit this Clear Channel Website to locate the material.
(iv) Information reasonably sufficient to permit this Clear Channel Website to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
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