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 Terms of Use

This is a legal document that comprises an Agreement between you, the user, and if you are under the age of eighteen (18), your parent or guardian, and TeenSpot.com.  Please read it carefully each time that you visit TeenSpot.com because it can and will change.  Further, if you are under the age of eighteen (18) your parent or guardian should review this Agreement on a regular basis.

Your use of this website constitutes consideration, the sufficiency of which is expressly acknowledged by you.  Each and every time you use this website signifies your Assent and Agreement to these Terms of Use.  Correspondingly, if you do not agree to these Terms of Use, you should immediately discontinue use of this website.

Modifications to the Website and its Terms of Use.

We reserve the right to modify or remove any of the materials or services offered through this website at any time without notice and make no guarantee as to the information's completeness, reliability or accuracy.

We also reserve the right to review and change this Agreement regarding the use of our website at any time and to notify you by posting an updated version of the Agreement on this website.  You are responsible for regularly reviewing this Terms of Use.  If you are under the age of eighteen (18) your parent or guardian are likewise responsible.  Continued use of the website after any such changes shall constitute your, or your parent or guardian's consent to such changes.

Any rights not expressly granted herein are reserved by us.

Copyrights

The contents contained in TeenSpot.com are protected by United States Copyright law and trademark law, various other intellectual property laws, and various international treaties. All rights are reserved. Text, graphics, design, databases, collections of links, HTML code, scripts and all products sold and services offered are protected by U.S. and International Copyright Laws and Treaties.  

As a user of this website, you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on the website without our prior written permission. This prohibition includes, without limitation, the publication of any part of this content on any other website, selling or offering it for sale, or using it to create any kind of database. Any requests for permission to use content on this website shall be directed to NetFX.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. This site and the owner thereto disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  This site and the owner thereto do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  No warranty warrant or make any representations regarding the use or the regarding the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, risk of injury to your computer or otherwise. Applicable law may not allow the exclusion of implied warranties, so such exclusions may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall the owner and operators of this site be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if you have advised the owner or operator of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the owner of this site or the operator of this site's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site, and even any such damages is limited to a maximum sum of One Hundred Dollars ($100).

Acceptable Use/Unacceptable Use - Indemnity.

You agree to comply with all applicable laws and regulations in connection with the use of this website.  You are solely responsible for knowledge of and adherence to any and all applicable laws, statutes, rules and regulations pertaining to your use of this website. Use of the website in violation of any law is prohibited.  Any use of the website for the transmission, distribution, retrieval, or storage of material (“Transmission”) that violates any law or is in furtherance of any criminal enterprise is prohibited, including, without limitation, the following: (i) Intellectual property – unauthorized Transmission of material protected by patent, copyright, trade secret, or other intellectual property right (including, without limitation, the Digital Millennium Copyright Act); (ii) Inappropriate content – any Transmission of material that is obscene or constitutes child pornography, material that is libelous, defamatory, hateful, or that constitutes an illegal threat or abuse; (iii) Export control – Unauthorized Transmission of any material that may violate export control laws or other regulations; (iv) Forging of Headers – misrepresenting or forging message headers to mask the originator of a message; (v) CAN-SPAM ACT – failure to comply with all provisions of the CAN-SPAM Act (15 U.S.C. 7701, et. seq., and 16 CFR Part 316).

You agree to indemnify, hold harmless, and defend Teenspot.com and NetFX and its owners from and against any and all claims, actions, suits, judgments and expenses (including court costs and reasonable fees of attorneys, accountants and expert witnesses) at your sole expense, arising from your failure to abide by the restrictions on use of the website set forth herein.

We reserves the right to monitor and review transmissions online and in storage, and to remove or reject any material, which the we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to User.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those belonging to the owner, publisher, operator of this site and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by TeenSpot.com. We are not responsible for the privacy policies of those sites that we link to. Please review the privacy policies of all sites that you visit immediately upon leaving this site and please be aware of when you have left this site.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of belonging to the owner of this site or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any user ID and related password which you may have received relevant to this web site and all information to which you have access through password-protected areas and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever. You are solely responsible for the security of your password.

Profiles

Profiles may not be used for "Spam", advertising, or business related communications. You may not use the profiles to harass or defame any person or entity. Obscene, indecent, intolerant, racist, defamatory or otherwise improper content for a teen age audience, in TeenSpot.com's sole judgment, may not be posted to or linked from the profiles. Any content submitted to the profiles, including but not limited to, videos, links, text, or pictures, may not contain nudity, sexual explicitness, or grotesqueness. Violation can result in permanent removal, or banning, from the TeenSpot website and its services.

Message Boards

You may not use the message boards to harass or defame any person or entity. Obscene, indecent, intolerant, racist, defamatory or otherwise improper content for a teen age audience, in our sole judgment, may not be posted to or linked from the message boards. You may not post "Spam" or business related messages on the message boards and must follow any posted message board guidelines. Violation can result in permanent removal, or banning, from the TeenSpot website and its services.

Private Messaging

You may not use private messages to harass or defame any person or entity. Obscene, indecent, intolerant, racist, defamatory or otherwise improper content for a teen age audience, in TeenSpot.com's sole judgment, may not be posted to or linked from in private messages. You may not message "Spam" or business related messages in private messages. Violation can result in permanent removal, or banning, from the TeenSpot website and its services.

Chat Rooms

All users who are minors in the jurisdiction in which they reside must have the permission of their parent or guardian to use the TeenSpot.com chat rooms. All minors must be directly supervised by their parent or guardian while using our chat rooms. TeenSpot.com does not systematically monitor and review the conversations that take place in the chat rooms. TeenSpot.com does not determine the true identity or age of those who frequent and use the TeenSpot.com chat rooms. You may not use the chat rooms to harass or defame any person or entity. Obscene, indecent, intolerant, racist, defamatory or otherwise improper content for a teen age audience, in TeenSpot.com's sole judgment, may not be posted to or linked from the chat rooms. You may not post "Spam" or business related messages on the chat rooms and must follow any posted chat room guidelines.Violation can result in permanent removal, or banning, from the TeenSpot website and its services.

Opt Out

Accounts can be deactivated by logging into the account and visiting the Preferences page. You will then need to re-enter your password and click the confirm button at the bottom of the page. Your account then may no longer be logged into or viewed, and all photos will be deleted. Account deactivation is permanent and not reversible.

Miscellaneous

If you are a minor (under the age of eighteen (18)), your parent or guardian must read and agree to these Terms of Use prior to you using any of the services provided by TeenSpot.com.   If you are a minor, you may not use the services of this site without the permission of your parent or guardian.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate any intellectual property rights relevant to elements published on this site, the intellectual property owners of said rights may seek injunctive or other appropriate relief in any state or federal court in the County of Spokane, State of Washington and you consent to exclusive jurisdiction and venue in such courts.  You hereby agree that should you be found liable for any infringement of any intellectual property right, right of privacy, right of publicity, "spam" related email violations of code, regulation or law, or any civil or regulatory violation of any nature, you will pay for all attorney's fees accrued by the party(s) who has brought any such action against you.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator with mediation to take place in our offices. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. Your transportation and housing costs while in Spokane, WA will be solely borne by you. All mediation must take place in person in our offices or at any other mutually agreed upon location. If we cannot agree on a specific mediator, you agree that the American Arbitration Association will appoint one.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in our offices or a mutually agreed upon location near our office under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. If all parties agree on the selection of an arbitrator from the list of available arbitrators provided by the American Arbitration Association we will use the services of that particular arbitrator. If such an agreement cannot be made within one week of a written request by you to attend mediation then the American Arbitration Association will appoint an arbitrator. You agree that the prevailing party will be awarded attorney's fees and all actual costs of mediation.

This Agreement contains the entire agreement among the parties, and supersedes all prior agreements, written or oral, with respect to the subject hereof.  As between or among the parties, no oral statement or prior written material not specifically incorporated or referenced herein shall be of any force and effect.  The parties specifically acknowledge that in entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement and no others.  All prior representations or agreements, whether written or verbal, not expressly incorporated or referenced herein are superseded.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.  No delay on the part of Teenspot.com or NetFX in exercising any right, power, or privilege hereunder shall operate as a waiver thereof nor shall any waiver on the part of any party of any such right, power, or privilege, nor any single or partial exercise of any such right, power, or privilege, preclude any further exercise thereof or the exercise of any other such right, power, or privilege.  The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies that any party may otherwise have at law or in equity, except where this Agreement expressly provides otherwise.

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