Visitor Agreement

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Visitor's Agreement and Acceptable Use Policy
Last updated on July 6, 2006
Welcome to Contestgirl. The following terms apply to your use of this website. Please read them carefully.
		
COVERAGE OF THIS POLICY AND AGREEMENT
		
In addition to other agreements between you and Contestgirl, these terms explain the policies that govern your access to and use of our Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.
		
By accessing or using our Website or Network, you agree to the terms listed here. Contestgirl may modify these terms from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use our Website.

LINKS TO THIRD-PARTY SITES

This Website contains links to other websites that are maintained by third parties over which Contestgirl has no control. These links are provided for convenience only. Use of these links will cause you to leave this Site and use of third-party websites is entirely at your own risk. Contestgirl makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through these sites. Contestgirl does not sponsor or endorse the operators of the sites or the content, products or services they provide, and Contestgirl is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the sites.

ILLEGAL OR HARMFUL USE

You may access and use our Website only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via our website, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

    1 - Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.

    2 - Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

    3 - Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.

    4 - Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes). 

    5 - Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.

    6 - Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

CONTENT SUBMISSION

By uploading materials to any chat board or forum available on this website (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on this website, you automatically grant (or warrant that the owner of such materials expressly grants) Contestgirl a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Contestgirl is not responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Contestgirl reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.

ELECTRONIC COMMUNICATIONS

You may not distribute, publish, or send through our website: 

    1 - unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam")

    2 - unsolicited informational announcements

    3 - chain mail

    4 - numerous copies of the same or substantially similar messages

    5 - very large messages or files that disrupt a server, account, newsgroup, or chat service.

Likewise, you may not:

    1 - participate in collecting e-mail addresses, screen names, or other identifiers of others, a practice sometimes known as spidering or harvesting

    2 - use any of our mail servers or another site's mail server to relay mail without the express permission of the account holder or the site.

NETWORK SECURITY AND INTEGRITY

You may not violate the security of our Website in any way. Such violations may result in criminal or civil liability. Contestgirl may, but is not obligated to, investigate any violation of our website. Contestgirl may cooperate with law enforcement where criminal or unauthorized activity is suspected. By sending, receiving, posting, accessing, or storing any electronic transmission via our website, you agree to cooperate, as well, in any such investigation. Examples of security violations include, without limitation:

    1 - Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.

    2 - Interception: Unauthorized monitoring of data or traffic on any network or system.

    3 - Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.

    4 - Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.

    5 - Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by Contestgirl or attempting to gain unauthorized access to, alter, or destroy any information that relates to any Contestgirl customer or other end-user.

Contestgirl may, but is not obligated to, take any action it deems necessary to protect its Website, its rights or the rights of its customers or third parties, or (2) optimize or improve its Website, Network, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website or Network. Contestgirl may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT

All users of the Services must adhere to the terms of this Policy and Agreement. We have the right, but are not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution.

We may also access and disclose any information (including transactional information) related to your access and use of our Website for any lawful reason, including but not limited to: 

    1 - responding to emergencies 
      
    2 - complying with the law (e.g., a lawful subpoena)
      
    3 - protecting our rights or property and those of our customers
      
    4 - protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. Indirect or attempted breaches of thiis policy and agreement, and actual or attempted breaches by a third party on behalf of a company, customer or user, may considered breaches of this policy and agreement by such company, customer or user.</p>

DISCLAIMER OF WARRANTIES AND LIABILITY

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH A CONTESTGIRL WEBSITE. ANY CONTENT OR INFORMATION ACCESSED BY OR PROVIDED TO YOU THROUGH A CONTESTGIRL WEBSITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE". CONTESTGIRL, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH ITS WEBSITE. YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK. CONTESTGIRL DOES NOT GUARANTEE THAT ITS WEBSITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL CONTESTGIRL, ITS AFFILIATES, ITS AGENTS OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF ITS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND - FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES-EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE AGGREGATE LIABILITY OF CONTESTGIRL, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY CONTESTGIRL WEBSITE WILL NOT EXCEED $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CONTESTGIRL, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

This Policy and Agreement is governed by Ontario and Canadian law and any dispute must be adjudicated by the courts of Ontario, Canada.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Contestgirl from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Website; or (5) your use of our Website.

MODIFICATION OF THE POLICY AND AGREEMENT

We reserve the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.contestgirl.com. You agree to the Policy and Agreement by accessing or using our Website, products or services, or by sending any electronic transmission through our website.

MISCELLANEOUS

Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. Contestgirl may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

We hope you enjoy using our website and we welcome suggestions for improvements.