This Agreement is a contract between you and market.theadultgrid.com © . ("market.theadultgrid.com") and applies to your use of the market.theadultgrid.com © The Adult Grid Â© service available through market.theadultgrid.com (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. market.theadultgrid.com disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. market.theadultgrid.com also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
YOU UNDERSTAND THAT BY USING THE SITE (INCLUDING ANY CONTENT PROVIDED THEREIN), SERVICES OR YOUR market.theadultgrid.com ACCOUNT OR BY POSTING ANY LISTINGS ON THE SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" REFER HEREIN TO THAT BUSINESS.
2: market.theadultgrid.com account creation.
2.a: Eligibility to hold an account with market.theadultgrid.com.
This Agreement must be completed, understood and agreed to by an adult of at least 18 years of age who holds The Adult Grid avatar Account the account is being created for. By accepting this agreement you represent that you are an adult 18 years of age or older and hold the relevant The Adult Grid account.
2.b: Your obligations to market.theadultgrid.com.
In consideration of use of the Service, you agree to: (a) provide a current and valid email address as prompted by the registration form and to maintain and update this information to keep it current. (b) You will verify your account at a market.theadultgrid.com terminal as soon as is possible after registration on the website. market.theadultgrid.com has the right to terminate your account and refuse any and all current and/or future use of the Service if you break any of the terms and conditions herein.
3: Commissions and Prepaid services.
3.a: market.theadultgrid.com charges fees for some areas of the Service, such as banner advertising. All recurring charges such as banner advertising is payable in advance. All billing periods start and end according to the date the Service is initiated.
3.b: Website Pricing structure.
market.theadultgrid.com may change its pricing and/or payment structure at any time. We will give wherever possible at least 28 days notice of any changes on the forms in the Announcement section.
4: User-Supplied Content.
4.a: User-Supplied Website Content.
You understand that information available to you through the Service may include information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content") that are unedited, sexually explicit, or offensive to you and that your access to such materials is at your own risk. market.theadultgrid.com hereby disclaims any responsibility for or control over all Content, and you acknowledge that market.theadultgrid.com is in no way liable and you will not hold market.theadultgrid.com liable for any other users' Content or conduct involving this Service.
4.b: Our Right to Refuse Content.
market.theadultgrid.com reserves the right (but not the obligation) to refuse or delete any Content that it reasonably considers to violate any provision of this agreement, or to be otherwise illegal or violate the rights or any other person or entity.
4.c: Right of Editorial Discretion.
market.theadultgrid.com reserves the right to modify any Content that it reasonably considers to violate any provision of this agreement for the purpose of bringing it into compliance with this agreement. This extends to all and any sections and content managed by market.theadultgrid.com.
4.d: License details. When you submit Content to market.theadultgrid.com, you remain the original copyright holder. However in doing so you also grant market.theadultgrid.com a non-exclusive, world-wide, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in the Content. These rights allow us to promote, sell, and distribute your Content via the market.theadultgrid.com website.
4.e: you also grant to The Adult Grid the right to exploit (e.g. crop and resize) your User Submissions as necessary to provide you with the Services. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the foregoing licenses to market.theadultgrid.com.
4.f: Limitations. You acknowledge and agree that market.theadultgrid.com may, at its option, recategorize any User Submission and establish limits concerning User Submissions, including, without limitation, the maximum number of days that User Submissions will remain available via the Services or on the Site, the maximum size of any files that may be stored on or uploaded to the Site or Services and the maximum disk space that will be allotted to you for the storage of User Submissions on the market.theadultgrid.com servers. The Adult Grid will have no responsibility or liability for maintaining copies of User Submissions on our servers, and you are solely responsible for creating back-ups of your User Submissions.
4.g Disclaimer. market.theadultgrid.com does not have any obligation to monitor the User Submissions that are uploaded, posted, submitted or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by market.theadultgrid.com Members, including, without limitation, any information obtained by using the Site or Services. market.theadultgrid.com does not endorse any User Submission or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Adult Grid with respect thereto.
5: Member Conduct.
5.a: You will not upload, post, submit or otherwise transmit any User Submission: (i) that you do not have the lawful right to use, copy, distribute, transmit, display or sell; (ii) that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); or (iii) that is inaccurately described and misrepresents the virtual good or service you are advertising.
5.b: You will not upload, post, submit or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to: (i) harm, interrupt, destroy or limit the functionality of any computer, computer software or system; or (ii) interfere with the access of any The Adult Grid User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site.
5.c: You will not upload, post, submit or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions.
5.d: You will not take any actions which may undermine the comment system used to solicit Comments or ratings from market.theadultgrid.com Members, including, without limitation, leaving positive Comments for yourself or other market.theadultgrid.com Members using secondary names or creating alt accounts to do any of the foregoing.
5.e: You will not impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
5.f: You will not use the Site or Services to provide any product or services claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly" or "make money surfing the Web") or use the Site or Services to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
5.g: You will not collect or store personal information about other market.theadultgrid.com Members without their express permission.
5.h: You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement.
6: Marketplace Listing Guidelines.
You agree to comply with the policies stated in the Listing Guidelines for any listings you post in the market.theadultgrid.com Marketplace.
6.a:The following is a definition of what is NOT covered under these guidelines, and that which is not allowed to be uploaded or posted on this website under any circumstances:
* Explicit sexual material depicting minors (person(s) under the legal age, mental, or physical capacity to give consent)
6.b: Category Guidelines. In order to provide the best possible shopping experience, we have an extensive items listing. This enables prospective buyers to easily browse listings and find the right items in a straightforward manner. However, it only works well if all the items in the Marketplace are applied to appropriate categories. Use the following guidelines to decide which categories to apply your items to:
* Please select the category that is appropriate for the item.
* Please do not post items in the "Root" categories.
* Please do not create multiple listings of the same item.
If you feel that we are missing categories please submit your ideas to the forum thread for this subject.
6.c: References to other e-commerce websites. You are free to include references and links to your in-world stores or to your own personal websites, but please do not provide references or links to our competitors in your Item Listings.
7: Adult Content. THERE IS NO SEPERATE ADULT CONTENT AREA AND YOU UNDERSTAND THAT ALL ACCOUNTS MUST COMPLY WITH SECTION 2.a OF THIS AGREEMENT AS BEING OVER THE AGE OF 18.
8: Change of Terms of Service.
market.theadultgrid.com, at its sole discretion, may change these terms and conditions and policies at any time, and you agree to be bound by such changes. If you do not accept and abide by this Agreement, you may not use the Service.
9: Termination of accounts.
You agree that market.theadultgrid.com may (in its sole discretion and as a last resort) immediately delete your Account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Service. You also acknowledge and agree that termination of any of Service may be effected without prior notice. If market.theadultgrid.com deletes your account this will also extend to all information, files that are stored on our servers in your name
10: Disclaimer of Warranties.
The site, services, The Adult Grid content and user submissions are provided "as is" with no warranty of any kind. market.theadultgrid.com expressly disclaims all warranties, express or implied, regarding the site, services, The Adult Grid content and user submissions, regarding whether the services will produce any level of profit or business for you (in either case inworld or otherwise) or lead to economic benefit and regarding all communications made through the site or services (including those communications between market.theadultgrid.com members), including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement. In addition, The Adult Grid makes no representation or warranty that the site or services will be error free, that any errors will be corrected or that the services will work inworld.
11: Limitation of Liability
Under no circumstances will market.theadultgrid.com be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the site, services, The Adult Grid content and user submissions including, without limitation, injury or damages resulting from the conduct of any market.theadultgrid.com user, inworld, online or offline, whether or not The Adult Grid has been advised of the possibility of such damages. The Adult Grid will not be liable for the consequences of any interruptions or errors relating to the site, services or the scheduled or unscheduled service interruptions of any virtual online environment or multi-user online service, such as The Adult Grid. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner of the material so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.
Please refer to the following detailed instructions which must be followed to protect your rights under the Digital Millennium Copyright Act.
To file a notice of infringement with us, you must provide a written communication (by email/fax or regular mail) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material on our site is infringing your copyrights. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.
Your communication must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. The following statement: "I 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. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Physical signature of the member (may be in an electronic format such as a scanned document)
Send the written/fax/email communication to:
The subscriber who has provided the affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the material in question as required by law.
To file a counter notification with us, you must provide a written communication (by email/fax or regular mail) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
Your communication must include substantially the following:
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement consenting to the jurisdiction of the Dutch Courts (where market.theadultgrid.com is registered and does business)
6. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the item identified above was removed or disabled as a result of a mistake or the misidentification and is not infringing on copyright."
7. The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
8. Physical signature of the member (may be in an electronic format such as a scanned document)
12.a: Use of Trademarked, Copyrighted, and Celebrity Material on market.theadultgrid.com
When you create something in The Adult Grid inspired by a real world creation, please make sure youâ€™re not improperly using another person or companys intellectual property â€“ for example, a trademarked logo or brand name, a distinctive product appearance or packaging (known as â€œtrade dressâ€), characters or material from a movie, book, or other copyrighted work, or a celebrity image or name (protected as a â€œright of publicityâ€)
You should not sell copyrighted, trademarked, or celebrity material on market.theadultgrid.com, unless of course you are the intellectual property owner or have permission from the intellectual property owner. Real laws apply to intellectual property infringement, and nothing will protect you if you are infringing on someone else's intellectual property, the rightful owner/s of the intellectual property can take direct legal action against you in a court of law.
market.theadultgrid.com responds to complaints that content infringes trademarked or celebrity material. Trademarked material includes trademarked logos, trademarked brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
Please also be aware that celebrities have a â€œright of publicity,â€ which means that they have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness in connection with the items that you trade, and you donâ€™t have the celebrityâ€™s permission.
If you are a trademark owner or a celebrity and you believe your rights have been infringed here on market.theadultgrid.com, please submit a DMCA notification to the address above.
13: It is our policy to also follow the rules of the Berne Convention for the Protection of Literary and Artistic Works. The core of the Berne Convention is its provision that each of the contracting countries shall provide automatic protection for works first published in other countries of the Berne union and for unpublished works whose authors are citizens of or resident in such other countries.
This Agreement and the relationship between you and market.theadultgrid.com shall be governed by the laws of The Netherlands without regard to its conflict of law provisions. You and market.theadultgrid.com agree to submit to the personal and exclusive jurisdiction of the courts located within The Netherlands. The failure of The Adult Grid to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.