legal
Entensity Website Terms and Conditions of Use
Entensity provides visitors to its Web site with access to content via the
World Wide Web and offers the opportunity for users to submit text, pictures,
video and other content for posting on the Entensity.net Web site (the "Site")
under certain terms and conditions.
This Site is operated by Entensity. You may contact us at: admin@entensity.net
By Use of This Website, You Accept...
LEGAL AGE
By visiting Entensity you understand that there may contain "adult"
content not suitable for children. You must be at least 18 years of age or have
a parent/guardian present while viewing. Entensity.net is blocked by several
net patrol services such as www.netnanny.com. THIS MEANS ENTENSITY.NET IS NOT
RESPONSIBLE FOR UNDERAGE PEOPLE VIEWING THIS SITE. YOU'VE BEEN WARNED, THIS
SITE ISN'T FOR KIDS. Question regarding this please e-mail admin@entensity.net
ACCEPTANCE OF THESE TERMS AND CONDITIONS THROUGH USE
By using this site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). We reserve
the right, at our discretion, to update or revise these Terms of Use. Please
check the Terms of Use periodically for changes. Your use of this site following
the posting of any changes to the Terms of Use will be deemed your acceptance
of such change(s).
AGREEMENT TO USER CONDUCT RULES
You agree to abide by Entensity's User Conduct Rules, including but not limited
to, agreeing not to use this site for any unlawful purpose:
By posting information in or otherwise using any communications service, message
board, or other interactive service that may be available to you on or through
this Site, you agree that you will not upload, post, or otherwise distribute
or facilitate distribution of any materials, including text, communications,
software, images, sounds, data, or other information (hereafter "Content")
that:
1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy or publicity rights, tortious, or
otherwise violates Entensity's rules or policies;
2. infringes on any patent, trademark, trade secret, copyright, right of publicity,
or other proprietary right of any party;
3. constitutes unauthorized or unsolicited advertising, chain letters, any other
form of unauthorized solicitation, or any form of lottery or gambling;
4. contains software viruses or any other computer code, files, or programs
that are designed or intended to disrupt, damage, or limit the functioning of
any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any third party; or
5. contains information, material, or pictures of any person who is not both
older than eighteen (18) years old and over the age of majority in such person's
state, province, or country of residence.
You also agree that you will not harvest or collect information about the users
or members of this Site or use such information for the purpose of transmitting
or facilitating transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect personal information
from a minor under eighteen (18) years or age. Entensity generally does not
pre-screen, monitor, or edit the content posted by users of communications services,
chat rooms, message boards, or other interactive services that may be available
on or through this site. However, Entensity and its agents have the right at
their sole discretion to remove any content that, in Entensity's judgment, does
not comply with the User Conduct Rules or is otherwise harmful, objectionable,
or inaccurate. Entensity is not responsible for any failure or delay in removing
such content.
LINKS AND THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other
sites on the Internet. These sites may contain information or material that
some people may find inappropriate or offensive. These other sites are not under
Entensity's control, and you acknowledge that Entensity is not responsible for
the accuracy, copyright compliance, legality, decency, or any other aspect of
the content of such sites. The inclusion of such a link does not imply endorsement
of the site by Entensity or any association with its operators.
PROPRIETARY RIGHTS AND RESTRICTIONS
You acknowledge and agree that all content and materials available on this site
are protected by copyrights, trademarks, service marks, patents, trade secrets,
or other proprietary rights and by other laws and that their use is restricted
by the terms of this Agreement. Entensity, the Entensity product and service
names are trademarks and/or service marks of Entensity. (the "Entensity
Marks") and are owned exclusively by Entensity. You will not display or
use the Entensity Marks, in any manner, without Entensity's prior permission.
Except as expressly authorized by Entensity, you agree not to sell, resell,
exploit for any commercial purposes, license, rent, modify, distribute, copy,
reproduce, duplicate, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from any portion of such materials or
content. Notwithstanding the above, you may print or download one copy of the
materials or content on this site on any single computer for your personal,
non-commercial use, provided you keep intact all copyright and other proprietary
notices. Systematic retrieval of data or other content from this site to create
or compile, directly or indirectly, a collection, compilation, database or directory
without written permission from Entensity is prohibited. In addition, use of
the content or materials for any purpose not expressly permitted in these Terms
of Use is prohibited.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
1. Agree that You, and not Entensity., are entirely responsible for all materials,
including text, communications, software, images, sounds, data, or other information
(hereafter "content") that you upload, post, email or otherwise transmit
via our web site.
2. Agree that Entensity. does not control the content posted via the web site
and does not guarantee the accuracy, integrity, appropriateness or quality of
any content. Under no circumstances will Entensity. be liable in any way for
any content, including, but not limited to, any loss or damage of any kind incurred
as a result of the use of any content posted, emailed or otherwise transmitted
to Entensity.
3. Agree that Entensity. is not obligated to maintain back-up copies of any
content and shall have no liability for failure to maintain such content nor
for deleting such content. We recommend that you retain a copy of all content
that you submit or post to Entensity..
4. Agree that that all information is accurate and agree that upon our request,
you will provide Entensity. with all necessary information, documentation, and
other materials relating to this submission that Entensity. Reasonably requests.
5. Warrant and represent that you own or otherwise control all of the rights
to the content and that public posting and use of your content by Entensity.
will not infringe or violate the rights of any third party.
6. Grant Entensity. and its affiliates and licensees the world-wide, royalty
free, irrevocable, non-exclusive, and fully sub licensable right and license
to use, reproduce, display, perform, adapt, modify, alter, distribute, have
distributed, and promote the content in any form, anywhere and for any purpose.
PROCEDURE FOR REPORTING VIOLATIONS OF RIGHTS OF PRIVACY OR PUBLICITY
If you believe that your privacy rights or publicity rights have been violated
by information or material that is accessible on this site, you may notify Entensity.
( admin@entensity.net )
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. Entensity, ITS SUBSIDIARIES, AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS
SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL
VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE
SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE
TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD
OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Entensity, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Entensity HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Entensity's
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY
LAW.
NUDE CONTENT
In the event of nudity, all featured models are at least 18 years of age. If
not, e-mail the admin ASAP!
INDEMNIFICATION
You agree to indemnify and hold Entensity, and its parent, subsidiaries and
affiliates and their respective officers, directors, agents, co-branders and
other partners, contractors, and employees, harmless from and against any and
all claims, expenses, and demands, including attorneys' fees, made by any third
party due to, arising out of, or asserted in connection with your use or misuse
of this Site, including claims relating to content you submit, post to or transmit
through this site, and your connection to and use of this Site. Entensity reserves
the right to have control of any defense and control of any matter otherwise
subject to indemnification by you. You agree to cooperate with Entensity in
asserting any available defenses.
INTERNATIONAL USE
Entensity makes no representation that materials on this Site are appropriate
or available for use in any particular locations, and accessing them from territories
where their contents are illegal is prohibited. Those who choose to access this
Site from any location do so on their own initiative, at their own risk, and
are responsible for compliance with local laws. If you use this Site in a jurisdiction
that prohibits or restricts such use, your use will be subject to, without limitation,
any other provision of the Terms of Use, and Entensity shall not have any liability
with respect to such use.
CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the
laws of the Country Entensity was created in, excluding its conflicts of law
rules. You expressly agree that the exclusive jurisdiction for any claim or
action arising out of or relating to these Terms of Use or your use of this
Site shall lie only in the state courts of Georgia in Fulton County or the Northern
District of Georgia federal court, and you further agree to and submit to the
exercise of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement
between you and Entensity with respect to this site and supersedes all prior
or contemporaneous communications and proposals (whether oral, written, or electronic)
between you and Entensity with respect to this Site. If any part of these Terms
of Use is held invalid or unenforceable, that portion shall be construed in
a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain
in full force and effect.
TERMINATION
Entensity reserves the right, in its sole discretion, to terminate your access
to all or part of this Site, with or without notice, for any reason, including,
without limitation, if Entensity believes that you have violated or acted inconsistently
with the letter or spirit of these Terms of Use. This includes Entensity's right
to terminate a user's ability to post materials to the Site. You acknowledge
that Entensity shall not be liable to you or any third party for any termination
of your access to this Site.
Removal Policy
Request for Removal Policy
If you believe that your rights have been violated by information or material
that is accessible on this site, you may notify Entensity at admin@entensity.net
THIS EMAIL ADDRESS IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDER
THAT POSTED MATERIAL MAY VIOLATE YOUR RIGHTS. DO NOT SEND INQUIRIES UNRELATED
TO REMOVAL (E.G. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE) TO THE
CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE TO SUCH INQUIRIES IF SENT
TO THAT CONTACT. ADDITIONALLY, REQUESTS FOR REMOVAL BASED ON COPYRIGHT INFRINGEMENT
SHOULD BE ADDRESSED IN ACCORDANCE WITH OUR COPYRIGHT POLICY.
The Request for Removal must include all of the following:
· Identification of the right that you claim has been violated;
· A description of the material that you claim should be removed;
· A clear description of where the material is located on our web site,
including its URL, so that we can locate the material;
· Your address, telephone number, and e-mail address; and
· A statement by you that you agree to provide Entensity with any additional
information or proof that we reasonably request.
Copyright Policy
Entensitys NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications
of claimed copyright infringement on the Entensity Web site or systems should
be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE
PROVIDER REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS
FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.)
TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE TO SUCH INQUIRIES
IF SENT TO THAT CONTACT.
Be advised that under federal law, if you knowingly make a material misrepresentation
that online material is infringing, you may be subject to heavy civil penalties.
These include monetary damages, court costs, and attorneys fees incurred by
us, by any copyright owner, or by any copyright owner's licensee that is injured
as a result of our relying upon your misrepresentation.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Entensity.
Full Address to Which Notification Should be Sent:
Entensity
P.O. Box 18983
Shreveport, La 71138
Email Address: admin@entensity.net
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification
of Claimed Infringement must include the following:
· An electronic or physical signature of the owner or of the person authorized
to act on behalf of the owner of the copyright interest;
· Identification of the copyrighted work (or works) that you claim has
been infringed;
· A description of the material that you claim is infringing, and the
location where the original or an authorized copy of the copyrighted work exists
(for example, the URL of the web site where it is lawfully posted; the name,
edition and pages of a book from which an excerpt was copied, etc.);
· A clear description of where the infringing material is located on
our web site, including its URL, so that we can locate the material;
· Your address, telephone number, and e-mail address
· A statement that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
· A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.