CREEPYSITES.COM TERMS OF USE AND SERVICE
Creepysites.com is owned by Yarnbird, Inc. at 10 E. Colorado Blvd. In Pasadena,
CA and provides its services to Users subject to the following terms of use
and service (the " TOS ").
DEFINITIONS
The following definitions apply to the terms of use and service.
The terms " User " means any person or entity that (a) downloads,
attempts to download or otherwise utilizes any uniform resource locator ("
URL ") that resides entirely upon a server owned or operated by
Creepysites.com; (b) Transmits electronic mail, files or other data transmission,
information or other matter onto any network owned or operated by Creepysites.com
or onto the Site (whether via private Transmission or public upload posting);
(c) is linked to a URL resource owned or operated by Creepysites.com; and
(d) contacts, accesses or views Creepysites.com or the Site, whether through
the use of any telecommunications network or otherwise. The term User includes a Subscriber.
The term " Subscriber " means a User who registers with Creepysites.com
and is granted access to certain areas of the Site only after successfully
completing login protocols established from time to time by Creepysites.com,
including without limitation, through the use of an approved User name and
password.
The term " Content " means all data, text, software, music,
sound, photographs, graphics, video, messages or other information or materials
of any kind.
The term " Services " means all resources (including Content)
provided via or available on the Site at any time, including without
limitation, and by way of example only, a User's ability to (i) access or view
Content, and to login into the Site as a Subscriber and create or change such
Subscriber's Registration Data (defined below); (ii) communicate with the Site
and other Users via the Site (including without limitation the ability to
download or upload Content or other information or material, post messages and
participate in groups or forums); and (iii) shop or utilize other available
services, including authorizing charges to such User's credit or debit card,
checking account or telephone invoice in order to make purchases or pay
subscription fees related to the Site.
The term " Site " means the website www.Creepysites.com.
The term " Creepysites" is an assumed business name
of Yarnbird, Inc., a California corporation.
The term " Transmit " or "Transmission" means when a
User uploads, posts, e-mails, transmits or otherwise makes available (directly
or indirectly, by act or omission) or communicates any Content or other
information or material to the Site, or through such means utilizes a Service
available on or through the Site.
RECOGNITION OF TERMS
The Services and Content are provided to each User subject to the
TOS, which may be revised, changed, altered or updated from time to time without
notice by Creepysites.com, in Creepysites.com's sole discretion. The most current version of the TOS will
always be located and displayed on the Site. The TOS also includes any other guidelines, rules or notices
posted elsewhere on the Site. When
a User accesses or uses any part of the Site, such User agrees to the terms
and conditions of the TOS.
ACCESS QUALIFICATION
By accessing or using the Site, the User certifies that User is
eighteen (18) years of age or older (21 years of age in certain locales) (and
in any event, User is at least the age of consent (or older) in the jurisdiction
from which the Site is being viewed or accessed); that User is familiar with
the laws in User's area affecting User's legal right to access the Site; that
User has the legal right to such materials and that Creepysites.com has the
legal right to display or make such materials available to the User; that
the User is requesting such materials for the User's own private enjoyment;
and, that the User will not, by action or inaction, directly or indirectly,
share such materials with or make such materials available to a minor in any
manner whatsoever.
REGISTRATION AND SECURITY
Each Subscriber is responsible for maintaining the confidentiality
of any Subscriber login user name and password (or other identifying information).
Each Subscriber is solely responsible for all activities that occur
under the Subscriber's login user name or password, and neither the login
user name nor password may be assigned or transferred to any other person
or entity, voluntarily or involuntarily, by operation of law or otherwise,
without the express prior written consent of Creepysites.com, which consent
may be withheld in Creepysites.com's sole discretion.
Each Subscriber agrees immediately to notify Creepysites.com of any
unauthorized use of such Subscriber's name or password, and each User agrees
immediately to notify Creepysites.com of any unauthorized use any other breach
of security with respect to the Site known by such User.
CONDUCT
User acknowledges and understands that all Content a User Transmits
to the Site, whether publicly posted on the Site or privately Transmitted
onto or via the Site, is not reviewed or pre-screened by Creepysites.com and
is the sole responsibility of such User from whom such Content originates
or is uploaded. This means that
the User, and not Creepysites.com, is responsible for all Content that the
User Transmits onto or via the Site, whether or not displayed ultimately on
the Site. Therefore, Creepysites.com
does not guarantee the accuracy, integrity or quality of Content Transmitted
to the Site by a User, nor does Creepysites.com make any representation or
other warranty with respect to such Content.
User understands and acknowledges that by viewing, using or
accessing the Site, the User may be exposed to Content that may be considered
or deemed offensive, indecent or objectionable.
User agrees to NOT use the Site to:
a. Transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful or racially, ethnically or
otherwise objectionable;
b. harm minors or any person in any way;
c. impersonate any person or entity, or falsely
state or otherwise misrepresent User's affiliation with a person or entity;
d.
forge headers or
otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the Site;
e. Transmit any Content that User does not have a
right to Transmit, whether or not under any law, rule or regulation, or under
contractual or fiduciary relationships;
f.
Transmit
any Content that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
g.
Transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes" or any other form of solicitation;
h. Transmit any material that contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i.
interfere
with or disrupt the Site or Creepysites.com or servers or networks connected
to the Site or Creepysites.com, or disobey any requirements, procedures, policies
or regulations of networks connected to the Site or Creepysites.com, or violate
any terms contained in the TOS;
j.
"stalk"
or otherwise harass another; or
k. collect or store personal data about Users other
than User.
l.
download
Content except as otherwise permitted under the TOS.
User acknowledges that (i) Creepysites.com or its designee has
the right (but not the obligation) in its sole discretion to refuse, move
or delete any Content that is Transmitted onto or made available via the Site,
and (ii) that a User's Transmission of Content to the Site or Creepysites.com
does not imply any promise or covenant on behalf of Creepysites.com that such
Content will be displayed, nor does it imply any promise or covenant (except
with respect to information submitted by a User necessary to process User
authorized credit or debit card or checking account payment transactions (which
will be handled by Creepysites.com in accordance with the security provisions
contained in the Privacy Policy below)) that such Content will not be displayed
or made publicly available on the Site or intercepted or read by someone other
than the intended recipient.
Under no circumstances will Creepysites.com be liable or responsible
in any manner for any Content that Creepysites.com posts to the Site, including
without limitation, any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of or reliance upon
any such Content. User agrees
that User must evaluate, and bear all risks associated with the use of or
access to any Content, including Content posted to the Site by Creepysites.com.
User acknowledges and agrees that Creepysites.com may preserve
Content and may also disclose Content (including without limitation, Registration
Data) if required to do so by law or if Creepysites.com believes that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property or personal
safety of the Site or Creepysites.com, its Users or the public.
User understands that the technical processing and Transmission
of the Services or Content, may involve (a) transmission over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
User agrees not to (and User agrees User has no right to)
reproduce, duplicate, copy, sell, resell or exploit for any purposes, any
portion of the Site (including, without limitation, the Services or Content
contained on the Site).
TRANSMITTTED CONTENT AND USAGE GUIDELINES
Except as otherwise provided by separate agreement between a User
and Creepysites.com, Creepysites.com does not claim ownership of Content Transmitted
by a User to the Site and displayed on the Site. In it's sole discretion, Creepysites.com
may condition Site display of User Transmitted Content upon such User becoming
a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits
Content to the Site grants to Creepysites.com a perpetual, world-wide, royalty
free, non-exclusive, irrevocable and fully sub-licensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and publicly display any or all Content so Transmitted and to incorporate
such Content into other works.
User acknowledges that Creepysites.com may establish general practices
and limits concerning use of the Site. Such practices and limits may include, without limitation,
the maximum number of days that the Transmitted Content will be retained by
Creepysites.com on the Site, the maximum number of messages that may be Transmitted
on the Site, the maximum size of any message that may be Transmitted on the
Site, the maximum disk space that will be allotted on the Site's servers on
a User's behalf and the maximum number of times (and the maximum duration
for which) a User may access the Site in a given period of time. User agrees that Creepysites.com has no responsibility or liability
for the deletion or failure to store any messages and other communications
or other Content maintained on, Transmitted to or downloaded from the Site.
Without limiting any other matter contained herein, User further acknowledges
that Creepysites.com reserves the right to change these general practices
and limits at any time, in its sole discretion, and with or without notice.
TRADEMARKS
Creepysites.com and the Creepysites.com logos are service marks
and trademarks of Yarnbird, Inc. (Creepysites.com) and may be used publicly
only with the express prior written consent and permission of Creepysites.com. Other trademarks and service marks featured
on the Site are displayed pursuant to licenses obtained from the owners or
holders of those trademarks and service marks, and may not be used publicly
without the express prior written consent and permission of the owners or
holders of such trademarks and service marks.
COPYRIGHTS
Except for electronic messages, all Content and Services on the
Site are protected by federal copyright laws and are protected under treaty
provisions and worldwide copyright laws.
Content contained in any part of the Site may not be reproduced, copied,
edited, published, transmitted, uploaded or downloaded in any way without
the prior written consent and permission of Creepysites.com. Creepysites.com
does not grant any express or implied right to any third party (including
without limitation Users), under any trademarks, service marks, copyrights
or other proprietary information or rights.
RESTRICTED LICENSE AND STANDARD USE
Creepysites.com provides the Content and Services on the Site for
the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers
or potential Subscribers of Creepysites.com. Users of the Site are granted a single, personal, non-transferable
license to download (on a single computer only) one copy of any of the Content
found on the Site made available for downloading for personal, non-commercial
use only.Creepysites.com reserves the right to limit the amount of Content
downloaded. Commercial use or
exploitation of the Content on the Site, or any portion thereof, is strictly
prohibited. In addition, Users
of the Site may not: (1) modify any of the Content found in any area of the Site;
(2) use any of the Content found in any area of the Site for any public display,
performance, sale or rental; (3) remove, modify or alter any copyright or
other proprietary notice or trademarks from any of the Content found in any
area of the Site; (4) otherwise Transmit any Content located in any area of
the Site to any other person or entity, including posting to newsgroups or
public forums; (5) rent, lease, loan, sell, distribute or create derivative
works based on the Content or any portion thereof posted on the Site, or the
software or techniques used in connection with the Site; or (6) modify the
software and techniques used in connection with the Site. Creepysites.com
reserves the right to terminate this license at any time if a User breaches
or violates any provision of the TOS, in which case such User will be obligated
to immediately destroy any Content information or materials User has downloaded
or otherwise copied from the Site.
Creepysites.com reserves all other rights coincident or related
to the Site. The use of download
managers, for example Gozilla, Wget, HTTrack, or others - to download more
than one (1) image or movie file at a time, which is available for download,
is strictly prohibited and will result in termination of a Users right to
access any portion of the Site .
INTERNATIONAL COMPLIANCE
User agrees to comply with all local rules regarding online
conduct and acceptable Content.
Specifically, User agrees to comply with applicable laws regarding the
transmission of technical data exported from the United States or the country
in which the User resides.
DISCLAIMER
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON
AN "AS AVAILABLE" BASIS. CREEPYSITES.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE.
CREEPYSITES.COM OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE
CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION,
MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS
AND PERSONALIZATION SETTINGS. CREEPYSITES.COM DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. CREEPYSITES.COM
MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND
AT THE SITE AT ANY TIME WITHOUT NOTICE. CREEPYSITES.COM MAKES NO COMMITMENT
TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND
ON THE SITE. IN NO EVENT SHALL CREEPYSITES.COM BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE
USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF CREEPYSITES.COM
HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO A USER.
TERMINATION AND ACCESS RESTRICTION
Creepysites.com reserves the right, in its sole discretion and without notice
to User, to terminate a User's access to the Site (or any portion thereof)
and to remove from the Site and discard any Content (including without limitation
Content a User Transmits to the Site). Creepysites.com may also terminate or suspend a User's access to the Site
for inactivity, which is defined as failing to log into a particular service
for an extended period of time, as determined by Creepysites.com, in it sole discretion.
In the event of the suspension or termination of a User's access to
the Site (or any portion thereof), User's right to use the Site (or any portion
of which User access has been terminated) and to access any Content or Services
contained thereon will immediately cease.
Any such termination or suspension may be implemented without notice
to User.
NOT INTENDED FOR COMMERCIAL USE
The contact form, comment forms and all areas of member publishing
is intended for personal use only. Members may not use these features to advertise
other websites or products, or solicit members or models on the site for any
commercial endeavors.Creepysites.com may, in its discretion, terminate Site access of any User
that Creepysites.com believes, in its sole discretion, is posting or is otherwise
connected with any commercial soliciting of models or members or unsolicited
advertising. In the event a User's access is terminated for the reason described
in the preceding sentence, and because damages are often difficult to quantify
in such circumstances, if actual damages cannot be reasonably calculated,
then User agrees to pay Creepysites.com liquidated damages equal to $25,000 for each instance of solicitation
or advertising from or otherwise connected with such User's access to or use
of the Site; otherwise, User agrees to pay Creepysites.com actual damages, to the extent such actual damages can be reasonably
calculated. A printed version of the TOS and any notice given in electronic
form shall be admissible in judicial or administrative proceedings to the
same extent as other business documents and records originally generated and
maintained in printed form.
LINKS TO THIRD-PARTY SITES
The Site may contain links to sites that are controlled by third
parties. Those linked sites are not controlled by Creepysites.com and User acknowledges that Creepysites.com is not responsible for the content of any such linked site
or any link contained in a linked site. Creepysites.com provides such links only as a convenience, and the inclusion
of any link does not imply endorsement by Creepysites.com of any linked site.
NO SPAM
Creepysites.com may, in its discretion, terminate Site access of any User
that Creepysites.com believes, in its sole discretion, is Transmitting or is otherwise
connected with any spam or unsolicited bulk e-mail. In the event a User's access is terminated
for the reason described in the preceding sentence, and because damages are
often difficult to quantify in such circumstances, if actual damages cannot
be reasonably calculated, then User agrees to pay Creepysites.com liquidated damages equal to $5 for each piece of spam or unsolicited
bulk e-mail Transmitted from or otherwise connected with such User's access
to or use of the Site; otherwise, User agrees to pay
Creepysites.com actual damages, to the extent such actual damages can be reasonably
calculated. A printed version of the TOS and any notice
given in electronic form shall be admissible in judicial or administrative
proceedings to the same extent as other business documents and records originally
generated and maintained in printed form.
JURISDICTION AND VENUE
This Site is owned and operated by Yarnbird, Inc. doing business
in the state of California. Creepysites.com make no representation that any of the Content or Services
available on the Site is appropriate or available for use in other locations.
The TOS is governed and construed by California law, without regard
to conflicts of law provisions. In
the event of a dispute arising out of or relating to the TOS, or a User's
use of or access to the Site, any suit must be brought in state or federal
court in the County of Los Angeles, State of California and User agrees to
submit to the personal and exclusive jurisdiction of such courts located in
such county.
INDEMNIFICATION
Each User indemnifies and holds Creepysites.com, and its subsidiaries, affiliates, officers, directors, shareholders,
employees, agents, co-branders or other partners, harmless from and against
any and all demands, claims, losses or damages, including reasonable attorneys'
fees at trial and on appeal, related to or arising out of such User's (i)
Transmission of Content to or through the Site (and whether or not such Content
displayed or made available on the Site), at any time, (ii) use of or access
to the Site, (iii) connection to the Site, (iv) breach of any representation,
covenant or warranty contained in the TOS, or (v) violation of any rights
of another.
NOTICES
Notices by Creepysites.com to Users may be given by means of electronic messages or by
a general posting on the Site. Notices by Users to Creepysites.com must be given by e-mail.
PRIVACY POLICY
Creepysites.com receives and stores information a User sends to us.
When a User becomes a Subscriber, Creepysites.com obtains and retains the
Registration Data.
When a User requests pages from the Site's server, the Site Web
server automatically collects some information about such User, including the
User's IP addresses.
Creepysites.com collects information regarding a User's use of the Site through
the use of cookies.
If a User sends the Site or Creepysites.com personal correspondence, such as e-mails or letters, Creepysites.com may collect such information in a file specific to that User. Creepysites.com may maintain a record or notes of communications with a User
regarding use of or access to the Site, and that compilation of records or
notes may include information Creepysites.com receives from other sources.
All of the information listed in the preceding sentences of this
paragraph is sometimes referred to as "Customer Information".
Creepysites.com
does not distribute, rent or sell Customer Information to third parties, other
than (i) with the User's consent (including, for example, when a User Transmits
for public display on the Site Customer Information, or a portion thereof),
(ii) as necessary to process User authorized credit or debit card payment
transactions, or (iii) as otherwise permitted by the TOS.
Creepysites.com uses Customer Information as necessary to process User authorized
credit or debit card payment transactions, to facilitate a User's viewing
of the Site and to communicate with the User. Creepysites.com also uses Customer Information to compile broad demographic
and Site usage information about the Site Users, for its internal business
use, but such compilations generally do not contain anything that could be
used to identify a User personally. A User will not receive any e-mail from
Creepysites.com unless the User has requested it and a User can indicate at
any time that the User does not wish to receive e-mails information from Creepysites.com.
Creepysites.com takes reasonable precautions to maintain the security of Customer
Information. Creepysites.com provides Users with a secure web page through which to submit
billing information when the User becomes a Subscriber or shops for merchandise
sold on the Site. Creepysites.com maintains Customer Information in a reasonably secure manner,
including storing such Customer Information behind firewalls.
However, Creepysites.com may buy other businesses or sell portions of its own business,
and Customer Information may be a transferred asset, subject to any then existing
Privacy Notice.
SERVICES
Creepysites.com allows Subscribers to transmit data to it's website. In order to enroll in such services, the
Subscriber must (i) be at least 18 years of age; (ii) populate every field
on every form presented to User with accurate data; (iii) have a valid e-mail
address; and (iv) agree to be bound by the TOS or any other agreement governing
User's use of the service or particular resource described in the preceding
sentence. User's failure to populate
every field may result in User's waiver of certain rights under the TOS or
other applicable agreements.
MISCELLANEOUS
The TOS contains the entire understanding between the User and
Creepysites.com regarding the subject matter of the TOS, superseding all prior
or contemporaneous communications, agreements and understandings between the
User and Creepysites.com. The TOS is binding
on and inures to the benefit of the parties, their legal representatives,
successors and assigns; provided, however, that neither the TOS, nor any rights
granted hereunder, may be assigned, transferred, conveyed or encumbered by
User without the prior written consent of Creepysites.com, which consent may be withheld in S Creepysites.com's sole and arbitrary discretion.
If any provision or clause of the TOS, or any portion thereof, is held
by any court or other tribunal of competent jurisdiction to be illegal, void
or unenforceable in such jurisdiction, the remainder of such provisions shall
not thereby be affected and shall be given full effect, without regard to
the invalid portion. The TOS is neither intended to, nor shall it be construed
as creating, a joint venture, partnership or other form of business association
between Creepysites.com and any User. If
any suit or action is filed by any party to enforce the TOS or otherwise with
respect to the subject matter of the TOS, the prevailing party shall be entitled
to recover reasonable attorney fees incurred in preparation or in prosecution
or defense of such suit or action as fixed by the trial court, and if any
appeal is taken from the decision of the trial court, reasonable attorney
fees as fixed by the appellate court.