Malibu Pinups (mPinups) Terms of Service
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the mPinups.com domain name, the "mPinups Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) mPinups’ Privacy Notice, found at http://www.mpinups.com/privacy and incorporated herein by reference. If you do not agree to any of these terms or the mPinups Privacy Notice, do not use the mPinups Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.mpinups.com/terms). mPinups may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Malibu Pinups Website
A. These Terms of Service apply to all users of the mPinups Website, including users who are also contributors of images, video content, information, and other materials or services on the Website. The mPinups Website includes all aspects of MPinups, including but not limited to mPinups Raw and mPinups channels.
B. The mPinups Website may contain links to third party websites that are not owned or controlled by mPinups. mPinups has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, mPinups will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve mPinups from any and all liability arising from your use of any third-party website.
3. Malibu Pinups Accounts
A. In order to access some features of the Website, you will have to create a mPinups account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify mPinups immediately of any breach of security or unauthorized use of your account.
B. Although MPinups will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of mPinups or others due to such unauthorized use.
4. General Use of the Website - Permissions and Restrictions
mPinups hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without mPinups’s prior written authorization.
B. You agree not to access User Submissions (defined below) or mPinups Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means mPinups may designate.
C. You agree not to use the Website without the prior written authorization of mPinups. Prohibited commercial uses include any of the following actions taken without mPinups's express approval:
* sale of access to the Website or its related services on another website;
* use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising, on the mPinups website or any third-party website, targeted to the content of specific User Submissions or mPinups content;
* and any use of the Website or its related services that mPinups finds, in its sole discretion, to use mPinups's resources or User Submissions with the effect of competing with or displacing the market for mPinups, mPinups content, or its User Submissions.
D. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the mPinups servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. mPinups reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
E. You will otherwise comply with the terms and conditions of these Terms of Service, any community guidelines mPinups may publish, and all applicable local, national, and international laws and regulations.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the mPinups Website.
A. The content on the mPinups Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to mPinups, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MPinups reserves all rights not expressly granted in and to the Website and the Content.
B. You may access mPinups Content, User Submissions and other content only as permitted under this Agreement. mPinups reserves all rights not expressly granted in and to the mPinups Content and the MPinups Service.
C. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the mPinups Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the mPinups Website or the Content therein.
E. You understand that when using the mPinups Website, you will be exposed to User Submissions from a variety of sources, and that mPinups is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against mPinups with respect thereto, and agree to indemnify and hold mPinups, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. User Submissions and Conduct
A. mPinups account holders may submit textual content (“User Comments”). mPinups Raw account holders may also submit images and video content, which along with User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, mPinups does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize mPinups to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to mPinups, you hereby grant MPinups a worldwide, non-exclusive, royalty-free, sublicenseable (which shall allow a sublicensee to further sublicense) and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions for any purpose, in any media formats, and through any media channels, now known or hereafter devised. Without limiting the generality of the foregoing, you also hereby grant each user of the mPinups Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant mPinups all of the license rights granted herein.
E. MPinups does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and mPinups expressly disclaims any and all liability in connection with User Submissions. MPinups does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and mPinups will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. mPinups reserves the right to remove Content and User Submissions without prior notice.
F. Competition Rules
i. To enter, contestants must be 18 years of age or older. mPinups reserves the right to examine identification and may reasonably choose to accept or deny awarding the prizes based on the identification presented.
ii. Contestants shall submit their photos and videos by clicking the “now casting” link at http://www.mpinups.com.
iii. mPinups is not responsible for any technical difficulties experienced due to overload, electronic problems or any other factor that may prevent an individual from accessing the mPinups website, or for any technical malfunction related to any servers, routers, or any other technical problem that may impact entry, participation or prize claim.
iv. mPinups shall be the sole arbiters in all matters relating to the competition and in the interpretation of competition rules. Winners shall be selected by mPinups in its sole and absolute discretion. Their decisions shall be final. Entry into the competition constitutes agreement by contestants to abide by these rules, as well as any other rules established by mPinups, including but not limited to the Terms of Services rules that apply to User Submissions.
v. Each winner shall be notified by mPinups via email, telephone call or facsimile. In the event mPinups does not have actual contact (in person, telephonic or via email) with the winner as part of the particular competition, mPinups may elect in its sole and absolute discretion to pick another winner of such contest.
vi. Prizes will be awarded to winners only. Winners are required to present a valid state photo ID and valid social security number in order to receive her prizes. Winners may be required, in mPinups’ sole discretion, to sign a Liability Release Agreement relieving mPinups, its successors, assigns, and affiliates, and its and their officers, directors, members, managers, employees, agents and contest sponsors from any and all liability with respect to the contestant’s participation in the competition and the receipt and/or use of the prizes, including any claims related to the photo/video shoot. Any person who refuses to sign the Release and/or provide a social security number or complete or provide any other documents required by mPinups by the deadline required by mPinups will forfeit any and all competition prizes.
vii. Winners are responsible for paying all applicable local, county, state and federal taxes on prizes based on the estimated retail value of the non-cash prizes, and will be issued an IRS 1099 form for all prizes won.
viii. Winners of the featured mPinups Model shall receive the following:
a. $1,000 cash;
b. Round-trip, coach-class air transportation to and from Los Angeles, California.
c. Hotel accommodations in Malibu, California for two (2) nights which will include one room, double occupancy; room and tax only; neither incidental expenses nor ground transportation will be included.
d. Professional photo/video shoot (winners agree that the results and proceeds of such photo/video shoots shall be licensed to mPinups pursuant to the User Submission rules stated in the Terms of Service).
ix. By participating in an mPinups competition, entrants hereby consent to the mPinups usage of any one or more of the following for on-air broadcast and for any other advertising and promotional purpose without payment of any additional consideration: contestant’s name; voice; likeness; biographical information; and her participation in the competition.
x. mPinups reserves the right to: (i) terminate or declare any competition null and void and rescind any prize, if in its sole judgment, the rules or the integrity of the competition have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a participant in the competition; (ii) alter or amend these competition rules at any time; and (iii) stop or conclude the competition at any time without prior notice.
7. Account Termination Policy
A. mPinups will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. mPinups reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. mPinups may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
* 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;
* 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 the service provider to locate the material;
* Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
* A statement that you have 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; and
* A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
mPinups’ designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro & Schulman, LLP 11400 W. Olympic Blvd. 9th Floor Los Angeles, California 90064. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to mPinups customer service through http://www.mpinups.com/support. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature;
* Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
* A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
* Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, mPinups may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at mPinups' sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE MPINUPS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MPINUPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MPINUPS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MPINUPS WEBSITE. MPINUPS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MPINUPS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MPINUPS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL MPINUPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MPINUPS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT MPINUPS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by mPinups from its facilities in the United States of America. MPinups makes no representations that the mPinups Website is appropriate or available for use in other locations. Those who access or use the mPinups Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless mPinups, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the mPinups Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the mPinups Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the mPinups Website is not intended for minors under 18. If you are under 18 years of age, then please do not use the mPinups Website.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by mPinups without restriction.
14. General
You agree that: (i) the mPinups Website shall be deemed solely based in California; and (ii) the mPinups Website shall be deemed a passive website that does not give rise to personal jurisdiction over mPinups, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and mPinups that arises in whole or in part from the mPinups Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Notice at http://www.mpinups.com/privacy and any other legal notices published by mPinups on the Website, shall constitute the entire agreement between you and mPinups concerning the mPinups Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and mPinups's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. mPinups reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the mPinups Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MPINUPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MPINUPS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.