SHEERWHENWET.COM TERMS AND CONDITIONS
By using the SheerWhenWet.com web site ("Site"), you agree to be bound by these Terms and Conditions (this "Agreement"), whether or not you register as a paying member ("Member"). This Agreement spells out the legally binding terms and conditions for your use of the Site and your membership on the Site may be modified by SheerWhenWet.com from time to time.
ELIGIBILITY, TERMS OF SERVICE, CONTENTS AND USER SUBMISSIONS
1.1 Eligibility. You must be eighteen or over to register as a Member of or use this Site. Membership in the Site is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and will abide by all of the terms and conditions of this Agreement, that you are at least 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) and are interested in and wish to have access to visual images, verbal and written descriptions and audio sounds of a sexually oriented nature. The materials, which are available within this Site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials.
By using and/or viewing this Site you represent and warrant the following:
A) That you are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority).
B) That you will not permit any person(s) under 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials contained within this Site.
C) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so because you want to view, read and/or hear the various materials which are available for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
D) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
E) That you represent and warrant that you have not and will not use and/or view the Site in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
F) You warrant that, if you are a police officer, government investigator or agent of any kind, you are registering as a Member, using the Site, and are present at any SheerWhenWet.com event only in your private, individual capacity. You warrant that if the foregoing statement should prove to be false, you are investigating any of the Members or management of the Site without disclosing your official capacity or purpose, and that your presence at any SheerWhenWet.com event, is an entry into private premises without consent, in violation of the 4th Amendment to the U.S. Constitution; you further warrant that you are attending at the direction of your employers and are acting within the scope of your employment. You stipulate that an appropriate amount of liquidated damages for the illegal taking of evidence or invasion of privacy which embarrasses the Member or which results in legal process, civil or criminal, against any of the Members is $100,000 per intrusion, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement, and other injuries, the amount of which is uncertain. This amount shall be awarded to each Member or management against whom the investigation is targeted or against whom civil or criminal process is brought, including execution of a search warrant. A final award under this subparagraph shall not prevent a subsequent proceeding if charges are thereafter filed against a Member, but the first award shall be an offset against the later award.
G) You represent that, if you are a member of the press (including television & radio), you are registering as a Member, using the Site, and are present at any SheerWhenWet.com event only in your private, individual capacity. You warrant that, if the foregoing statement proves to be false, you are here at the direction of your employers and are acting within the scope of your employment; that you are violating the rights of the Members to privacy under common law and the U.S. Constitution, and that an appropriate amount of liquidated damages for any published report made which portrays or describes the activities of any Member is ten dollars ($10) times the number of readers or viewers of any medium which publishes the report, which reflects a reasonable estimate of probable compensatory damages for loss of privacy, including humiliation, emotional distress, necessity to pay legal fees, loss of employment or advancement, and other injuries, the amount of which is uncertain. This amount shall be awarded to each Member named in the report or described in such a way as to permit identification of the Member by application of the description to publicly available information.
H) You represent that you have not been convicted of, nor are charged with or presently under indictment or investigation for, a sexual offense or felony involving bodily harm or threats of bodily harm, or an offense involving child pornography. You further represent that you are not a registered sex offender.
1.2 Terms of Service. This Agreement will remain in full force and effect while you use the Site and/or are a Member (the "Service"). You may terminate your membership at any time, for any reason by written or email notice of termination. SheerWhenWet.com may terminate your membership for any reason or no reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to SheerWhenWet.com. If SheerWhenWet.com terminates your membership because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 1.1, 2.1 and 4.2 of this Agreement.
1.3 Content. The contents of the Site are intended for the personal, noncommercial use of its Members. All materials on this Site (including, but not limited to, news articles, messages, photographs, images, illustrations, audio and video clips ("The Content")) are protected by copyright and other intellectual property laws, and are owned or controlled by the party credited as the provider of the content, software, or other materials. You shall abide by all additional copyright or other notices, information, or restrictions appearing in conjunction with any Content accessed through the Service. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Odette Christiane, LLC ("Odette Christiane") owns and retains all proprietary rights to the Site and the service. The Site and Content is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Site in whole or in part.
You may not download or copy the Content. Copying or storing of any Content is expressly prohibited without the prior written permission from SheerWhenWet.com or the copyright holder identified in the individual Content's proprietary notices including copyright notice.
POSTED CONTENT IN PROFILES, FORUM AND CHAT DISCUSSIONS; DISPUTES
2.1 Reservation of Rights. SheerWhenWet.com reserves the right to delete any Content, profiles or messages that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of SheerWhenWet.com and/or its Members. By posting Content to any public area the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SheerWhenWet.com, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
2.2 Posted Content. You are solely responsible for the content that you publish or display on the Site, or transmit to other Members. Illegal or prohibited Content will not be tolerated. SheerWhenWet.com will investigate and take appropriate action against anyone who violates this provision. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information known to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without SheerWhenWet.com's prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. While the management does not and cannot review every message posted by Members in the Forum, Chatroom or in the profiles and is not responsible for any content of these messages, the management reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law) or this Agreement, or are abusive, defamatory, obscene, or otherwise unacceptable.
When quoting text from any other website or online publication, whether a news story, a blog entry, a forum posting, or any other type of written material, please (1) do not quote more than one paragraph, (2) provide a direct link to the source of the quoted material. When quoting from a magazine, book, or any other material not "online", please (1) do not quote more than one paragraph, (2) provide the publication's title, author, and publisher.
2.3 Manner of use. You must use the Site in a manner consistent with any and all applicable laws and regulations and shall not upload, distribute, or otherwise publish through the Site, any Content which is libelous, defamatory, obscene, profane, abusive or otherwise violates any law. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site's web pages or the content contained herein without SheerWhenWet.com's prior express written consent. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service except with SheerWhenWet.com's prior express written consent.
You must be respectful of other individuals using the Forum. Members must not use vulgar, abusive, or hateful language. The Forum within the Site is provided to give the Members an interesting and stimulating forum in which they may express their opinions and share their ideas. Neither the Site nor SheerWhenWet.com or the management endorses the opinions placed in the Forum. Any submissions may be edited, removed, modified, published, transmitted and/or displayed. In addition, You warrant that all moral rights in any upload materials have been waived.
You may not copy and paste into the Forum or Chatroom any email(s) sent to you, whether it be outside email(s) or email(s) sent within the Site, without first obtaining the expressed or written approval from the party who originally sent such email(s).
The Site welcomes input from its Members. However, by submitting an idea, suggestion, or recommendation, you waive all right to the idea as intellectual property, and consent to SheerWhenWet.com utilizing that idea, suggestion, or recommendation without attribution or compensation.
2.4 Member Disputes. SheerWhenWet.com does not control the information provided by other Members that are made available through the Site. You may find other Members' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Site. You are solely responsible for your interactions with other Members. Because it is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the Site, you release SheerWhenWet.com, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Sec. 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." SheerWhenWet.com reserves the right, but has no obligation, to monitor disputes between you and other member.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Site contains links to other World Wide Web internet sites, resources, and sponsors. Transactions that occur between the Member and third party links are strictly between the Member and the third party and are not the responsibility of SheerWhenWet.com. SheerWhenWet.com is not responsible for the availability of these outside resources or their contents. You should direct any concerns regarding any external link to its site administrator or Webmaster.
You may publish certain links to other internet sites in your profile. SheerWhenWet.com reserves the right to delete certain links to sites that compete with SheerWhenWet.com or provide content that, in its sole discretion, SheerWhenWet.com believes is inconsistent with the high standards of Content the Members expect. Neither SheerWhenWet.com nor its management check or review all Member-linked web sites. Use of Member links is at the Member's discretion and peril. SheerWhenWet.com is not responsible for content found on Member-linked sites.
REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant that no materials of any kind submitted by you or use thereof, in accordance with the terms and conditions of this Agreement, will: (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary right; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of facts; (iv) slander, libel or defame any person or entity;
(v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations, or other governmental regulations; and (vii) that all people appearing in any pictures or video clips posted by you shall be of at least 18 years of age. You hereby agree to indemnify, defend and hold SheerWhenWet.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorney's fees. You shall cooperate as fully as reasonably required in the defense of any claim. SheerWhenWet.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
4.2 SheerWhenWet.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Site by the Members, information provider or any other person or entity.
THE SITE, AND ANY MATERIALS PROVIDED BY SheerWhenWet.com OR THIRD PARTIES, ARE PROVIDED "AS IS." SHEERWHENWET.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. SHEERWHENWET.COM SHALL NOT BE RESPONSIBLE TO THE USER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, INCLUDING LOSS OF PROFITS, OR OTHER LOSS INCURRED IN CONNECTION WITH THE USE OF THE SITE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY SHEERWHENWET.COM OR THIRD PARTIES THROUGH THE SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SITE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF SheerWhenWet.com HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTWITHSTANDING THE ANYTHING HEREIN TO THE CONTRARY, SHEERWHENWET.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO SheerWhenWet.com FOR THE USE OF THE SITE DURING THE TERM OF YOUR MEMBERSHIP.
4.3 You hereby acknowledges that use of the Site is at the Member's sole risk.
SOFTWARE LICENSES; EXPORT CONTROL
5.1 You shall have no rights to the proprietary software and related documentation enhancements, or modifications thereto, provided to you to access the Site (Access Software). You may not sublicense, assign or transfer any licenses granted by SheerWhenWet.com, and any attempt at such sublicense, assignment, or transfer is void. You may not copy, distribute, modify, reverse engineer, or create derivative works from access software.
5.2 Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Access Software or Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
6.1 SheerWhenWet.com may, in its sole discretion, terminate or suspend Member's access to all or any part of the Site for any reason, including, but not limited to, breach of this Agreement. Termination or suspension does not entitle the Member to a refund of subscription monies paid. Termination or suspension will result in the forfeiture of all subscription monies paid.
6.2 You acknowledge that Site administrators have the right to terminate use without notice for any Member who restricts, inhibits or disrupts access to the Site or attempts to alter or improperly access any feature or function of the site. Your access may also be subject to termination if you post or transmit any illegal content, or harass or threaten any Member or employee, post content (including the creation of usernames) that is offensive or otherwise disruptive; create multiple accounts, or accounts with false and misleading information; post unsolicited advertising; impersonate an employee or other individual; or for any other reason that SheerWhenWet.com, in its sole discretion, determines is not in the best interest of, or threatens the safety or privacy of, the Members.
GUIDELINES FOR USE
7.1 The primary purpose of this Site is to enable Members with similar interests to chat with each other, exchange stories or pictures, and even to meet each other in person. In this regard, this website is much like a national "Personals" website, and the same care that one would exercise when giving information to strangers, or setting up meetings with strangers, must be used here. SheerWhenWet.com will never give information about one Member to another Member. Further, you are cautioned that giving any information to another Member on this website carries with it significant risks. If you give any information to anyone, you are taking a significant risk, which are greatly increased if you plan to meet other Members face-to-face. SheerWhenWet.com waives all liability for any damages you may suffer as a result of meeting a Member from the Site. Please use caution and common-sense when using this service.
8.1 SheerWhenWet.com takes every precaution to protect your privacy. Only authorized employees have access to your username, password and credit card information, and SheerWhenWet.com has strict rules for its employees who have access either to the databases that store user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort to prevent such unfortunate occurrences. Your credit card number is encrypted prior to transmission. SheerWhenWet.com will not give information of any kind about a Member to anyone. Members should take care to protect their username and password. Exit from your web browser after every use. Choose a username and password that only you know or can guess.
9.1 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide SheerWhenWet.com with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. SheerWhenWet.com's agent for notice of claims of copyright infringement can be reached at the address below. It is the intention of SheerWhenWet.com to fully comply with the DMCA, including the notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the notice and "take down" requirements above deviate from the requirements under the DMCA then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
10.1 This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state court located in California.
10.2 SheerWhenWet.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity.
10.3 SheerWhenWet.com may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall be effective 30 days after they are initially posted on the Site. You will receive email notification of all policy updates.
10.4 Official correspondence regarding this Agreement must be sent via postal mail to:
Odette Christiane, LLC
Attn: General Counsel
21521 Blythe St.
Canoga Park, CA 91304