TERMS OF SERVICE
Welcome to Moiarte3d�. Your agreement to all the terms and conditions of this agreement ("Agreement") is required before You can use Moiarte3d� web site at � ("Website"). Your agreement is also required before the operators of Moiarte3d� will grant You authorized access to their computer databases to obtain or use copies of photographs, video, text or graphics ("Content") offered in, at or through the Website. If You do not agree to the terms and conditions, set forth below, You will not be authorized to use the "adults only" portions of the Website nor will You have permission to access the servers hosting Moiarte3d� or view, download or otherwise use any "adults-only" Content available in, at or through the Website. IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING CONTENT FROM A Moiarte3d� USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
1. Parties To This Agreement And Consideration.
The parties to this Agreement ("Agreement") are you ("You", sometimes referred to as a "User" of the Website), and Dogfart� Prodcutions Inc. , the owner of Moiarte3d� (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the operators of the Website (sometimes referred to as Moiarte3d� ). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You here by agree to be bound by all the terms and conditions set forth in this Agreement.
2. Acknowledgement Of Sexual Content.
You hereby acknowledge that the Content made available at, in, though and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website ("Affiliated Content Providers") and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.
3. Age-Restricted Materials And Age Restricted Access.
No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.
4. Affirmation That You Are An Adult And You Are Not In A Prohibited Area.
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY.
5. Consequences Of Fraudulent Age Or Location Representation.
You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor. federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. �� 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. � 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code �502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the Company�s copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers� Content on the Company�s computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company�s copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed.
6. Grant Of Limited License.
You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
7. Termination of Your License To Use Website.
You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies
8. Important Access And Use Restrictions.
You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider�s Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers� Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider�s Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including any MySpace� page, regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
9. Registered Trade Marks (Trademarks).
Moiarte3D� is a Registered Trade Marks of Directech Inc. No use of these marks by You or any other User shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
10. Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials.
You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the Company�s directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorney�s fees and all litigation and criminal defense costs.
11. You May Not Transfer Or Assign Your Access Rights Or Other Privileges; Passwords.
You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
12. Code Of Conduct.
You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:
12.1 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
12.2 You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company�s rights, Website affiliate�s rights or any other Website user�s rights.
12.3 You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which You desire to have such content delivered or transmitted.
13. Affirmation Of Agreement; Acknowledge You Have Read This Entire Agreement.
By clicking on a link intended to signify your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges for Content and each time You access any restricted part of the Website.
14. No Authorization To Acquire Content Or Use Adults Only Parts Of The Website Without Full Agreement.
You acknowledge and agree that unless You expressly agree with all the terms of this Agreement, You will not be authorized to access the Company�s or the Company�s agent�s computers or servers to download or otherwise use the Website, to acquire access to the "adults only" portions of the Website, to use any services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Company, any Website affiliates or any Website Content Providers.
Confidential and proprietary.
Copyright 1998-2013 All Rights Reserved.