This Agreement, which incorporates by reference other provisions applicable to use of Samantha X After Dark, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in Samantha X After Dark, sets forth the terms and conditions that apply to use of Samantha X After Dark by the user.
By using Samantha X After Dark (other than to read this Agreement for the first time), the user agrees to comply with all of the terms and conditions hereof. The right to use Samantha X After Dark is personal to the user and is not transferable to any other person or entity. The user is responsible for all use of user’s account (under any screen name or password) and for ensuring that all use of the user’s account complies fully with the provisions of this Agreement. The user shall be responsible for protecting the confidentiality of user’s password(s), if any.
Samantha X After Dark shall have the right at any time to change or discontinue any aspect or feature of Samantha X After Dark, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Samantha X After Dark shall have the right at any time to change or modify the terms and conditions applicable to the user’s use of Samantha X After Dark, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Samantha X After Dark, or by electronic or conventional mail, or by any other means by which the user obtains notice thereof. Any use of Samantha X After Dark by the user after such notice shall be deemed to constitute acceptance by the user of such changes, modifications or additions.
Description of Services
Through its web property, Samantha X After Dark provides the user with access to a variety of resources, including download areas, communication forums and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TAC.
The user shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Samantha X After Dark and all charges related thereto.
User shall use Samantha X After Dark for lawful purposes only. User shall not post or transmit through Samantha X After Dark any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Samantha X After Dark express prior approval, contains advertising or any solicitation with respect to products or services.
Any conduct by a user that in Samantha X After Dark discretion restricts or inhibits any other user from using or enjoying Samantha X After Dark will not be permitted. User shall not use Samantha X After Darkt o advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Samantha X After Dark.
Samantha X After Dark contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Samantha X After Dark are copyrighted as a collective work under the Australian copyright laws. Samantha X After Dark owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.
User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Samantha X After Dark and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. User shall not upload, post or otherwise make available on Samantha X After Dark any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the user.
User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Samantha X After Dark, the user automatically grants, or warrants that the owner of such material has expressly granted Samantha X the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
User also permits any other user to access, view, store or reproduce the material for that user’s personal use. User hereby grants Samantha X After Dark the right to edit, copy, publish and distribute any material made available on Samantha X After Dark by the user. The foregoing provisions of Section 5 are for the benefit of Samantha X After Dark, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Use of Services
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable the user to communicate with others (each a “Communication Service” and collectively “Communication Services”).
User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, the user agrees that when using the Communication Services, the user will not: use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless the user own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that the user know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.Harvest or otherwise collect information about others, including email addresses. Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. Samantha X After Dark has no obligation to monitor the Communication Services. However, Samantha X After Dark reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.
Samantha X After Dark reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Samantha X After Dark reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Samantha X After Dark sole discretion.Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services.
Samantha X After Dark does not control or endorse the content, messages or information found in any Communication Services and, therefore, Samantha X After Dark specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorised Samantha X After Dark spokespersons, and their views do not necessarily reflect those of Samantha X after Dark.
Member Account, Password and Security
If any of the Services requires the user to open an account, the user must complete the registration process by providing Samantha X After Dark with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a username. User is entirely responsible for maintaining the confidentiality of the user’s password and account.
Furthermore, the user is entirely responsible for any and all activities that occur under the user’s account. User agrees to notify Samantha X After Dark immediately of any unauthorised use of the user’s account or any other breach of security. Samantha X After Dark will not be liable for any loss that the user may incur as a result of someone else using the user’s password or account, either with or without the user’s knowledge. However, the user could be held liable for losses incurred by Samantha X After Dark or another party due to someone else using the user’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
Notice Specific to Software Available on This Website
Any software that is made available to download from the Services (“Software”) is the copyrighted work of Samantha X After Dark and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement.
Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software. The software is warranted, if at all, only according to the terms of the license agreement. except as warranted in the license agreement, Samantha X After Dark hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Samantha X After Dark may make available as part of the services or in its software products, tools and utilities for use and/or download. Samantha X After Dark not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services.
Notice specific to documents available on this website.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that:
(1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,
(2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and
(3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Samantha X After Dark and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. all such documents and related graphics are provided “as is” without warranty of any kind.
Samantha X After Dark and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
In no event shall Samantha X After Dark and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services. The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Samantha X After Dark and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Notices regarding software, documents and services available on this site.
In no event shall Samantha X After Dark and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
Materials Provided to Samantha X or Posted on its Website
Samantha X After Dark does not claim ownership of the materials the user provide to Samantha X After Dark (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) User’s Submission the user is granting Samantha X After Dark, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Samantha X After Dark Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish user’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Samantha X After Dark is under no obligation to post or use any Submission User may provide and Samantha X After Dark may remove any Submission at any time in its sole discretion.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), the user warrant and represent that:
By Posting Images, User is granting:
(a) to all members of User’s private community (for each such Images available to members of such private community), and/or
The licenses granted in the preceding sentences for a Images will terminate at the time the user completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
Unsolicited Idea Submission Policy
Samantha X After Dark or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Samantha X After Dark’s products or marketing strategies might seem similar to ideas submitted to Samantha X After Dark.
So, please do not send your unsolicited ideas to Samantha X After Dark or anyone at Samantha X. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Samantha X After Dark makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Samantha X After Dark shall have the right, but not the obligation, to monitor the content of Samantha X After Dark, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Samantha X After Dark and to satisfy any law, regulation or authorised government request.
Samantha X After Dark shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Samantha X After Dark.
Without limiting the foregoing, Samantha X After Dark shall have the right to remove any material that Samantha X After Dark, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless Samantha X After Dark, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Samantha X After Dark by User or User’s Account.
Either Samantha X After Dark or the user may terminate this Agreement at any time. Without limiting the foregoing, Samantha X After Dark shall have the right to immediately terminate User’s Account in the event of any conduct by User which Samantha X After Dark in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for Samantha X After Dark established by Samantha X After Dark constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement shall be construed in accordance with the laws of the New South Wales, Australia, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Samantha X After Dark and its logos are trademarks of Samantha X. All rights reserved. All other trademarks appearing on Samantha X After Dark are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organisations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organisation, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.