Effective as of: June 26, 2011
Terms of Use
Welcome to ILoveSexting.com (the “Website” or the “Site”).
Please read the following Terms of Use (“Terms”) carefully before using this Website. By accessing and using ILoveSexting.com, including any subpages, you agree, without limitation or qualification, to these Terms, which may be updated or changed at any time.
Basic Terms
The Website: ILoveSexting.com, or “we,” “us” is a website and online platform created by the operators of the site. Content on the site is created and/or added by Users. All content on the site is monitored and administered by the administrators.
Users: “Users,” including “you,” are individuals who wish to participate in the Site discussions, view and rate site photos uploaded by other Users or Resources on the Website. Users may sign on to ILoveSexting.com by registering. Users may contribute by rating, viewing, and uploading images and other media either through the site's "Pic Upload" form, email and/or SMS. All users must agree to our Terms of Use.
Resources: “Resources” are organizations, programs, or other entities that choose to participate in the site, list or advertise their own images and other media, and/or otherwise interact with Users on the Website. Organizations wishing to be included as a Resource on the Website must send us a proposal to admin@ilovesexting.com, which will be reviewed by administrators and then approved for participation on the site.
Site Administrators: “Site Administrators” are individuals appointed by ILoveSexting.com to oversee the Site and are generally responsible for making sure all activity on the Site conforms to our Terms of Use.
Resources
Organizations or other entities that would like to be included in the “Resources” section of this Site may send us a resource request by email. Inclusion is subject to the approval of Site Administrators based on compliance with the Terms of Use and relevance to the purpose of the Site. Resources may be removed without notification by Site Administrators if they are found to be in violation of the Terms of Use. When an organization submits a request to be a ILoveSexting.com Resource, the request will be reviewed by the site administrators. The administrators will have discretion to determine whether the organization may be approved as a Resource.
Automated Interface or Interaction
Users and Resources agree not to use any unauthorized third-party software that intercepts, “mines,” or otherwise collects information from or through the Website. You will not use automation software (“bots”), hacks, mods or any other third-party software to modify ILoveSexting.com content or User interface, nor use any of these things to interact with the Users.
Non-participating Third Parties
Anyone is free to read contents of this Website. No one, including participants, —may use any part of the contents of the Website for commercial purposes. (See also copyright provisions).
Limitation of Liability
A. ALL MATERIALS CONTAINED ON THE SITE ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON THE SITE (WHETHER BY THE SITE OR A THIRD PARTY) INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON THE SITE.
B. ADMINISTRATORS AND SITE OWNERS ARE NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS CONTAINED ON THE SITE, WHETHER THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED BY THE SITE OR A THIRD PARTY.
C. YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Third Party Websites
The Site may post links or allow users to post links to other websites ("Linked Sites"). We have no control or connection to such sites, nor do we maintain these sites; and are not responsible for the content, products, services, policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement of the Linked Sites by ILoveSexting.com, and the owners of the Linked Sites should be contacted directly with questions or concerns regarding their content.
Third Party Websites Seeking to Link to our Website.
We welcome appropriate hyperlinks to the Website. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the goals of the Site, its Users and participating Resources. If this is not the case, please do not link to our Website. The Site reserves the right to rescind the right to link to the Website at its discretion. Upon request by us or our representative or agent, you shall immediately remove any hyperlink to the Website, and discontinue use of any trademarks, service marks or other intellectual property or content provided by us.
Copyright
ILoveSexting.com adhere to all federal and state copyright laws, including the Digital Millennium Copyright Act (“DMCA”).
Users and Resources of the Website must also abide by these laws.
Any post to the Website by a User is subject to all applicable federal, state and international copyright laws, including the DMCA. Under the safe harbor provisions of the DMCA, we will remove any content posted by a User found to be infringing a creator’s copyrights.
The Website
All original material comprising the Website is owned by ILoveSexting.com or that contributed by Users or Resources, which belongs to the User or Resource who prepares the contribution.
Users or Resources may not copy, reproduce or republish any material from the Website to any other source without express permission from the original creator of the material, be they another User, a Resource, ILoveSexting.com.
User-generated material
Any original material created by Users, including words, photographs, images, sound recordings and videos and posted to the Website is owned by the User and published on the date of posting. The User grants a limited and revocable license for use of the material on the Website. The User also grants a limited license to re-publish material to promote the Website. This license does not include any reproduction of the material other than for the Website’s own promotional material, and the User is free to revoke the license and remove his or her material at any time.
Unauthorized Other Use of Content
Outside of the uses of content on the Website outlined above, no party may use material on the Site without express written permission of the Site and/or the Creator of content. This includes but is not limited to commercial use of any part of the Site.
Copyright Infringement Take-down Requests
If you feel there has been content posted to the Website infringing your copyright, you or your agent may contact us and request the infringing material be removed.
Contact: admin@ilovesexting.com
Please include in any take-down request ALL of the following:
- 1. A physical or electronic signature of you or a person authorized to act on your behalf (your agent).
- 2. Identification of the copyrighted work claimed to have been infringed. If there are multiple copyrighted works to be covered by the single notification, include a representative list of such works. (These are the works you are claiming have been copied.)
- 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that you are requesting we remove or access to which is to be disabled, and information reasonably sufficient --e.g. a hypertext link to the page, a description of the post title and date, or some other information--that will allow us to easily locate the alleged infringing material.
- 4. Information reasonably sufficient to permit us to contact you, the complaining party, such as an address telephone number, or if available, an electronic mail address at which we may contact you.
- 5. A statement that you, the complaining party, 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.
- 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 7. You acknowledge that if you fail to comply with the above notice requirements, your DMCA notice may not be valid.
- 8. Only DMCA notices should go to the email address listed above. To send other comments, questions, please visit ilovesexting.com/about/contact.
Contesting a Take-down notice
If you believe in good-faith we wrongfully removed or disabled a work posted by you based on a copyright infringement claim, you may contact us at the email address listed above in order to have us review the claim based on the requirements of the DMCA.
Privacy Policy
ILoveSexting.com is committed to protecting the privacy of Users and Resources and the data they share via the Site. This privacy policy explains what we do with the information that is entered by Users and Resources on the Site.
SMS image upload
In addition to online activity, the Site also solicits involvement from individuals from their cellphones via SMS. If you are a Site User who sends a image or other media to us from your cellphone, any image sent to us by cellphone will be saved by us in conjunction with the originating phone number; however, we will not post this phone number, but rather keep it in order to identify the origin of any content, image or media. Phone users may receive invitations from relevant sites via phone SMS to join. We will only contact you one time for such invitation, and we will not share your phone number with any other individual, group or organization, nor sell your phone number to anyone else.
Removing your information
If you would like us to delete your data entirely, please send an e-mail to admin@ilovesexting.com.
Use of your personal data
ILoveSexting.com may save any data that Users or Resources post to the Site. This includes User account data, and User-generated content including comments, and images. ILoveSexting.com also solicit input and contributions from individuals via SMS. In such cases, ILoveSexting.com will retain the phone number accompanying any SMS.
ILoveSexting.com seeks to provide protection for your information. We may disclose personally identifiable information about you to third parties in limited circumstances, including: (1) with your explicit consent; or (2) when we have a good-faith belief the law requires it.
Apart from the circumstances described above, we will not sell your data to third parties (this includes for all commercial purposes).
Indemnification
You agree to indemnify and hold ILoveSexting.com, it's owners, and administrators harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of any part of the Website in breach of these Terms; (2) your violation of any law or regulation; (3) breach of any of your representations and warranties pursuant to these Terms; or (4) any content or material you post on the Website. You have no right to indemnification by ILoveSexting.com, it's owners and administrators.
Entire Agreement
These Terms, including referenced other rules such as our Basic Terms and other guidelines specifically applicable to Resources, Users, and other policies and notices we may post on the Website necessary for access to portions of the Sites, constitute the entire agreement between the Site and you in connection with your use of (1) the Website; (2) hyperlinks to the Website; and (3) any content or software displayed on the Website. These Terms supersede any prior agreements between the Site and you regarding such matters, including prior versions of these Terms.
These Terms and revisions are effective until terminated by the Site at any time and without notice. In the event of termination of the Website, the disclaimers, limitations of liabilities and indemnities set forth in these terms will survive.
These Terms of Use are governed by the laws of the State of California, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute regarding use of the Site or these Terms will be brought exclusively in the federal or State courts located in California. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, that decision will not affect the validity or enforceability of any remaining provisions. The section headings are for convenience only and do not have legal force or effect.
You agree that if the Site does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Site has under otherwise applicable law), such omission will not be taken as a formal waiver of the Site’s rights and shall not be construed to be a modification of the Terms. The Site reserves the right to revise and otherwise change the Terms at any time and without notice. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of the Site following the posting of any modification signifies your acceptance of the changes or modifications. You should visit this page periodically to review the current Terms.