Dated as of January 1, 2015
Please read the following Terms carefully before you use the Site or submit any information through the Site. Your use of the Site and/or your submission of any information through the Site constitutes your agreement to be bound by these Terms without limitation or qualification and creates a binding agreement between Molly Sims Productions, Inc. (“MSP”) and you (the “Agreement”). If you are not willing to be bound by these Terms, do not use the Site and do not submit any information through the Site.
These Terms may be modified from time to time. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by these Terms as modified.
1. Restrictions on Use of the Site
You may access and view the content on the Site on your computer or other device and, unless otherwise indicated in these Terms, make single copies or prints of the content from the Site solely for your personal, non-public, internal and non-commercial use. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any content from the Site. For the avoidance of doubt, unless otherwise specifically indicated in these Terms or on the Site, use of the Site is only for your personal, internal and non-commercial use. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
“MSP” owns, solely and exclusively, all rights, title and interest in and to the Site. All of the content on the Site, including without limitation all text, images, graphics, sounds and software code, is the copyrighted work of MSP or others and your use of all such content is subject to the restrictions set forth in paragraph 1 above. The “MOLLY SIMS,” “M. SMUDGE BY MOLLY SIMS” and “GRAYCE BY MOLLY SIMS” trademarks and logos are owned by MSP and may not be used or displayed without the prior written consent of MSP. All trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners and may not be used in connection with products and/or services that are not related to, associated with or sponsored by their rights holders, or in a manner likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. Your misuse of the trademarks displayed on the Site is strictly prohibited. No right, title or interest in any Site content, code, data or materials, or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site. If you make use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
3. Site Directed at United States Visitors
The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. MSP makes no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
4. Public Forums & Code of Conduct
The Site may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. You agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (iv) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (v) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (vi) contain a virus, spyware, or other harmful component; (vii) contain embedded links, advertising, chain letters or pyramid schemes of any kind; or (viii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including MSP, MSP’s family or MSP’s personnel. You may not offer to buy or sell any product or service on or through your comments submitted on the Site. You alone are responsible for the content and consequences of any of your activities and any actions that violate these Terms may subject you to civil and criminal liability. The posts, comments and/or messages of users of the Site do not reflect the views of the MSP or the Site.
5. Submitted Materials
6. Right to Monitor and Editorial Control
MSP reserves the right, but does not have an obligation, to monitor or review all materials posted to the Site, and MSP is not responsible for any such materials posted by users. However, MSP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever.
7. Private or Sensitive Information on Public Forums
It is important to remember that comments submitted may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information to MSP or on the Site.
8. Advertising Rights
MSP reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your Submitted Materials, and MSP and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate MSP to sell, license or offer to sell or license any advertising, promotion or distribution rights.
9. Contests and Sweepstakes
From time to time MSP will offer contests and sweepstakes. Additional terms and conditions will apply to your participation in each contest or sweepstakes
10. Linking to the Site
Unless otherwise specifically indicated in these Terms or on the Site, you agree that: (i) if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site; (ii) you are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted by the Site to be displayed on another web site; and (iii) you may not download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. MSP reserves all of MSP’s rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.
11. Links to Third Party Sites
12. Account Registration and Security
You understand that you may need to create an account to have access to some parts of the Site. In consideration of your use of the Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MSP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MSP has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you create an account, you are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site.
13. Your Representations and Warranties
You shall be solely responsible for your own Submitted Materials and the consequences of posting or publishing them. In connection with your use of the Site and any Submitted Materials, you affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy these Terms; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 5; (iii) if necessary you have the written consent of each and every identifiable natural person in any Submitted Materials to use such persons name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iv) You have read, understood, agree with, and will abide by the terms of this Agreement; (v) You are not, and have not been an agent of MSP and were not and are not acting on behalf of, or as a representative of, MSP or any other party in connection with any Submitted Materials; (vi) the Submitted Materials and MSP use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vii) You are not, nor is any other person who appears in your Submitted Materials, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your Submitted Materials: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) Submitted Materials do not contain: (a) material falsehoods or misrepresentations that could harm MSP or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. MSP does not guarantee or warrant that files available for download from the Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MSP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MSP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
MSP NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE. MSP IS NOT RESPONSIBLE FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANY USER OF THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MSP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES MENTIONED ON THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
15. Limitation of Liability
In no event shall MSP or any other party involved in creating or maintaining the Site or any of its contents be liable for any damages (including, without limitation, direct, incidental, special, consequential, indirect or punitive damages, or damages resulting from lost profits, lost data or business interruption) arising out of your access to, use of or inability to access or use the Site, including without limitation damages to your computer equipment. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
16. Injunctive Relief
You acknowledge that any use of the Site except as expressly permitted by these Terms without the prior written permission of MSP will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.
18. Force Majeure
Neither MSP nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
MSP may terminate, change, suspend or discontinue any aspect of the Site at any time. MSP may restrict, suspend or terminate your access to the Site if you are in breach of these Terms or applicable law, or for any other reason, without notice or liability.
20. Applicable Law
21. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. MSP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. You should address infringement notices to our designated agent (i.e., proper party for notice): Schreck Rose Dapello & Adams LLP, 5 Columbus Circle, 20th Floor, New York, NY 10019, Attn.: James S. Adams, Esq.
You must include the following information in your notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site;
- A 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 declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- 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;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
MSP CAUTIONS YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT 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 OEF RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
22. Entire Agreement
These Terms are the entire agreement between you and MSP and supersede any prior understandings or agreements (written or oral).
23. Additional Assistance
If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact us at firstname.lastname@example.org.