Member terms and conditions

 

  

 

 

Conditions of Use  
 

  

 

   

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Media Impact LLC web site

located at www.FetishLands.com, and all associated sites linked to www.fetishlands.com  by Media

Impact LLC, its subsidiaries and affiliates, including Media Impact LLC sites around the world

(collectively, the “Site”). The Site is the property of Media Impact LLC Inc. (“Media Impact LLC”)

and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT

USE THE SITE.

 

Media Impact reserves the right, at its sole discretion, to change, modify, add or remove portions

of these Terms of Use, at any time. It is your responsibility to check these Terms of Use

periodically for changes. Your continued use of the Site following the posting of changes will

mean that you accept and agree to the changes. As long as you comply with these Terms of Use,

Media Impact LLC grants you a personal, non-exclusive, non-transferable, limited privilege to

enter and use the Site.

 

 

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,

music, artwork and computer code (collectively, “Content”), including but not limited to the

design, structure, selection, coordination, expression, “look and feel” and arrangement of such

Content, contained on the Site is owned, controlled or licensed by or to Media Impact LLC, and is

protected by trade dress, copyright, patent and trademark laws, and various other intellectual

property rights and unfair competition laws.

 

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be

copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated,

transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web

site or other medium for publication or distribution or for any commercial enterprise, without

Media Impact LLC express prior written consent.

 

You may use information on Media Impact LLC products and services (such as data sheets, knowledge

base articles, and similar materials) purposely made available by Media Impact LLC for downloading

from the Site, provided that you (1) not remove any proprietary notice language in all copies of

such documents, (2) use such information only for your personal, non-commercial informational

purpose and do not copy or post such information on any networked computer or broadcast it in any

media, (3) make no modifications to any such information, and (4) not make any additional

representations or warranties relating to such documents.

 

 

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,

program, algorithm or methodology, or any similar or equivalent manual process, to access,

acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or

circumvent the navigational structure or presentation of the Site or any Content, to obtain or

attempt to obtain any materials, documents or information through any means not purposely made

available through the Site. Media Impact LLC reserves the right to bar any such activity.

 

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any

other systems or networks connected to the Site or to any Media Impact LLC server, or to any of

the services offered on or through the Site, by hacking, password “mining” or any other

illegitimate means.

 

You may not probe, scan or test the vulnerability of the Site or any network connected to the

Site, nor breach the security or authentication measures on the Site or any network connected to

the Site. You may not reverse look-up, trace or seek to trace any information on any other user of

or visitor to the Site, or any other customer of Media Impact LLC, including any Media Impact LLC

account not owned by you, to its source, or exploit the Site or any service or information made

available or offered by or through the Site, in any way where the purpose is to reveal any

information, including but not limited to personal identification or information, other than your

own information, as provided for by the Site.

 

You agree that you will not take any action that imposes an unreasonable or disproportionately

large load on the infrastructure of the Site or Media Impact LLC systems or networks, or any

systems or networks connected to the Site or to Media Impact LLC.

 

You agree not to use any device, software or routine to interfere or attempt to interfere with the

proper working of the Site or any transaction being conducted on the Site, or with any other

person’s use of the Site.

 

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of

any message or transmittal you send to Medi aImpact LLC on or through the Site or any service

offered on or through the Site. You may not pretend that you are, or that you represent, someone

else, or impersonate any other individual or entity.

 

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these

Terms of Use, or to solicit the performance of any illegal activity or other activity which

infringes the rights of Media Impact LLC or others.

 

 

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific

portions or features of the Site, including contests, promotions or other similar features, all of

which terms are made a part of these Terms of Use by this reference. You agree to abide by such

other terms and conditions, including where applicable representing that you are of sufficient

legal age to use or participate in such service or feature. If there is a conflict between these

Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any

service offered on or through the Site, the latter terms shall control with respect to your use of

that portion of the Site or the specific service.

 

Media Impact LLC obligations, if any, with regard to its products and services are governed

solely by the agreements pursuant to which they are provided, and nothing on this Site should be

construed to alter such agreements.

 

Media Impact LLC may make changes to any products or services offered on the Site, or to the

applicable prices for any such products or services, at any time, without notice. The materials on

the Site with respect to products and services may be out of date, and Media Impact LLC makes no

commitment to update the materials on the Site with respect to such products and services.

 

The following terms also govern and apply to your use of the Site, and they are incorporated

herein by this reference:

 

    * Trademark Information

    * Copyright Information

          Rights and Permissions

          Claims of Copyright Infringement

    * Piracy Prevention

          Report Piracy

    * Legal Contacts

 

 

Each of these policies may be changed from time to time and are effective immediately upon posting

such changes on the Site.

 

 

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account

(including setting up an Medi aImpact LLC Username and password). You are entirely responsible for

maintaining the confidentiality of your account information, including your password, and for any

and all activity that occurs under your account. You agree to notify Media Impact LLC immediately

of any unauthorized use of your account or password, or any other breach of security. However, you

may be held liable for losses incurred by Medi aImpact LLC or any other user of or visitor to the

Site due to someone else using your Username, password or account.

 

You may not use anyone else’s Media Imapct LLC Usename, password or account at any time without

the express permission and consent of the holder of that Media Impact LLC Username, password or

account. Media Imapct LLC cannot and will not be liable for any loss or damage arising from your

failure to comply with these obligations.

 

 

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These

Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under

Media Impact LLC control, and Media Imapct LLC is not responsible for and does not endorse the

content of such Linked Sites, including any information or materials contained on such Linked

Sites. You will need to make your own independent judgment regarding your interaction with these

Linked Sites.

 

 

Disclaimers

MEDIA IMPACT LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE

WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF

THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND

“AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

MEDIA IMPACT LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE

FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MEDIA IMPACT LLC DISCLAIMS ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MEDIA IMPACT LLC DISCLAIMS ANY AND ALL

LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED

TO YOUR USE OF THE SITE AND/OR ANY MEDIA IMPACT LLC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR

YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MEDIA IMPACT LLC FOR

DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS

LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

 

The above disclaimer applies to any damages, liability or injuries caused by any failure of

performance, error, omission, interruption, deletion, defect, delay in operation or transmission,

computer virus, communication line failure, theft or destruction of or unauthorized access to,

alteration of, or use, whether for breach of contract, tort, negligence or any other cause of

action.

 

Media Impact LLC reserves the right to do any of the following, at any time, without notice: (1)

to modify, suspend or terminate operation of or access to the Site, or any portion of the Site,

for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable

policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as

necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

 

Limitation of Liability

Except where prohibited by law, in no event will Media Impact LLC be liable to you for any

indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even

if Media Impact LLC has been advised of the possibility of such damages.

 

If, notwithstanding the other provisions of these Terms of Use, Media Impact LLC is found to be

liable to you for any damage or loss which arises out of or is in any way connected with your use

of the Site or any Content, Media Impact LLC liability shall in no event exceed the greater of

(1) the total of any subscription or similar fees with respect to any service or feature of or on

the Site paid in the six months prior to the date of the initial claim made against Media Impact

LLC (but not including the purchase price for any Media Impact LLC products or any Membership

agreements), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the

foregoing limitation may not apply to you.

 

 

Indemnity

You agree to indemnify and hold Media Impact LLC, its officers, directors, shareholders,

predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless

from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against

Media Impact LLC by any third party due to or arising out of or in connection with your use of the

Site.

 

 

Violation of These Terms of Use

Media Impact LLC may disclose any information we have about you (including your identity) if we

determine that such disclosure is necessary in connection with any investigation or complaint

regarding your use of the Site, or to identify, contact or bring legal action against someone who

may be causing injury to or interference with (either intentionally or unintentionally) Media

Impact LLC rights or property, or the rights or property of visitors to or users of the Site,

including Media Impact LLC customers. Media Impact LLC reserves the right at all times to

disclose any information that Media Impact LLC deems necessary to comply with any applicable law,

regulation, legal process or governmental request. Media Impact LLC also may disclose your

information when Media Impact LLC determines that applicable law requires or permits such

disclosure, including exchanging information with other companies and organizations for fraud

protection purposes.

 

You acknowledge and agree that Media Impact LLC may preserve any transmittal or communication by

you with Media Impact LLC through the Site or any service offered on or through the Site, and may

also disclose such data if required to do so by law or Media Impact LLC determines that such

preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce

these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4)

protect the rights, property or personal safety of Media Impact LLC, its employees, users of or

visitors to the Site, and the public.

 

You agree that Media Impact LLC may, in its sole discretion and without prior notice, terminate

your access to the Site and/or block your future access to the Site if we determine that you have

violated these Terms of Use or other agreements or guidelines which may be associated with your

use of the Site. You also agree that any violation by you of these Terms of Use will constitute an

unlawful and unfair business practice, and will cause irreparable harm to Media Impact LLC, for

which monetary damages would be inadequate, and you consent to Media Impact LLC obtaining any

injunctive or equitable relief that Media Impact LLC deems necessary or appropriate in such

circumstances. These remedies are in addition to any other remedies Media Impact LLC may have at

law or in equity.

 

You agree that Media Impact LLC may, in its sole discretion and without prior notice, terminate

your access to the Site, for cause, which includes (but is not limited to) (1) requests by law

enforcement or other government agencies, (2) a request by you (self-initiated account deletions),

(3) discontinuance or material modification of the Site or any service offered on or through the

Site, or (4) unexpected technical issues or problems.

 

If Media Impact LLC does take any legal action against you as a result of your violation of these

Terms of Use, Media Impact LLC will be entitled to recover from you, and you agree to pay, all

reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to

Media Impact LLC. You agree that Media Impact LLC will not be liable to you or to any third party

for termination of your access to the Site as a result of any violation of these Terms of Use.

 

 

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes,

will be governed by the laws of the United States and by the laws of the State of California

without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and

venue in the state and federal courts in Santa Clara County, California, and waive any objection

to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1)

year after the cause of action arises, or such claim or cause of action is barred. No recovery may

be sought or received for damages other than out-of-pocket expenses, except that the prevailing

party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute

between Media Impact LLC and you arising out of or in connection with your use of the Site, the

parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable

to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either

party may submit such controversy or dispute to mediation. If the dispute cannot be resolved

through mediation, then the parties shall be free to pursue any right or remedy available to them

under applicable law.

 

 

Void Where Prohibited

Media Impact LLC administers and operates the www.fetishlands.com Site from its location in Wayne,

New Jersey USA; other Media Impact LLC sites may be administered and operated from various

locations outside the United States. Although the Site is accessible worldwide, not all features,

products or services discussed, referenced, provided or offered through or on the Site are

available to all persons or in all geographic locations, or appropriate or available for use

outside the United States. Media Impact LLC reserves the right to limit, in its sole discretion,

the provision and quantity of any feature, product or service to any person or geographic area.

Any offer for any feature, product or service made on the Site is void where prohibited. If you

choose to access the Site from outside the United States, you do so on your own initiative and you

are solely responsible for complying with applicable local laws.

 

 

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or

any product or service offered on the Site, in violation of any applicable laws or regulations,

including without limitation United States export laws and regulations.

 

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent

jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the

minimum extent necessary and replaced with a valid provision that best embodies the intent of

these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms

of Use constitute the entire agreement between you and Media Impact LLC with regard to your use of

the Site, and any and all other written or oral agreements or understandings previously existing

between you and Media Impact LLC with respect to such use are hereby superseded and cancelled.

Media Impact LLC will not accept any counter-offers to these Terms of Use, and all such offers are

hereby categorically rejected. Media Impact LLC failure to insist on or enforce strict

performance of these Terms of Use shall not be construed as a waiver by Media Impact LLC of any

provision or any right it has to enforce these Terms of Use, nor shall any course of conduct

between Media Impact LLC and you or any other party be deemed to modify any provision of these

Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or

remedies on any third parties.

 

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Media Impact LLC

shall be free to use such information on an unrestricted basis.

 

The information contained in this web site is subject to change without notice.

Copyright © 1995-2011 Media Impact LLC. All rights reserved.

Media Impact LLC., 14 Chicopee Dr., Wayne, NJ 07470, USA.