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1. DEFINITIONS "CONTENT" means all photos, personal information and data, and any other information or data that you submit to ProCappers Covergirls. "ProCappers Covergirls " or "we" means this website and ProCappersWeekly.com and ProCappers.com and WebMania Inc. 2. WHO MAY PARTICIPATE You may be on a cover or this site only if you can are over 18 years of age and have permission to send in the photos or other information. 3. WEBSITE AVAILABILITY ProCappers Covergirls may, in its complete discretion, add to, modify, change, or end your use of ProCappers Covergirls. ProCappers Covergirls may be temporarily unavailable due to maintenance and other reasons. 4. ACCURACY OF CONTENT You must make reasonable efforts to be certain that the CONTENT you submit to ProCappers Covergirls is accurate, complete, and not misleading. 5. INFRINGEMENT You must obey all copyright laws and other laws covering the CONTENT you submit. You agree not to use ProCappers Covergirls to infringe other people's intellectual property rights, including their copyrights and trademarks. If you believe that a photo displayed on ProCappers Covergirls infringes someone's rights, please notify us using the either the "CONTACT" link or email info@procappersweekly.com 6. ILLEGAL, UNWANTED OR OFFENSIVE CONTENT Nobody is permitted to transmit, distribute or post illegal or offensive CONTENT in ProCappers Covergirls , including: (a) profane or sexually explicit advertisements; (b) illegal images; (c) misleading offers; (d) telephone numbers or Universal Resource Locators listed in adult advertising; (e) ads promoting the sales or distribution of firearms, weapons or controlled substances; (f) "get rich quick" schemes, Ponzi or "pyramid" schemes or chain letters; (g) fraudulent or criminal offers; (h) CONTENT created or posted for purposes of harassing other individual(s); (i) "SPAM" or unsolicited e-mail; (k) sexual requests; (l) racial, ethnic or religious epithets, slurs or other similarly derogatory comments; (m) language that advocates violence or hatred or is otherwise offensive to ProCappers Covergirls ; or (n) anything else ProCappers Covergirls , in its complete discretion, considers inconsistent with the tone of its website. If you are exposed to any of the above, inform ProCappers Covergirls. If we do not cure the problem, you agree that your only remedy will be to avoid ProCappers Covergirls, and that you will not take legal action against us or its owner(s), directors or employees. 7. COPYRIGHT AND PUBLICITY RIGHTS You hereby give ProCappers Covergirls a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights -- in any existing or future media, known or unknown -- over all CONTENT you provide. 8. ILLEGAL USE OF CONTENT You may use ProCappers Covergirls only for lawful activities and purposes related to ProCappers Covergirls. Transmission, distribution or storage of CONTENT, or other conduct, that violates any law or regulation is prohibited. You may not use CONTENT to: (a) violate patent, copyright, trademark or other intellectual property rights; (b) create anything obscene; (c) defame anyone; (d) threaten anyone; or (e) violate anyone's rights of privacy or publicity. 9. CONTENT OF PHOTOS AND USERS' BEHAVIOR ProCappers Covergirls may display the photo that you submit but does not control, or assume responsibility for, the content of such photo. ProCappers Covergirls does not assume responsibility for the behavior of anyone who uses ProCappers Covergirls, although ProCappers Covergirls, in its complete discretion, may reject or remove photo(s) it considers inappropriate. ProCappers Covergirls may, in its complete discretion, also reject or remove photo(s) to manage its database. 10. LEGAL REMEDIES ProCappers Covergirls, in its complete discretion, may pursue any legal remedies it considers appropriate, and may always remove CONTENT, cancel profile(s), and exclude individual(s) from using ProCappers Covergirls. If ProCappers Covergirls, in its complete discretion, believes that an advertisement is inappropriate or inconsistent with the tone of the website, ProCappers Covergirls may remove such advertisement and exclude the advertiser from ProCappers Covergirls . ProCappers Covergirls will cooperate with any investigation or other action by any government agency, and is not required to provide notice to you of any such cooperation. 11. DISPUTES BETWEEN OR AMONG USERS ProCappers Covergirls is under no obligation to become involved in any dispute between or among individuals who use ProCappers Covergirls. In the event you have a dispute with one or more such individuals, you hereby release ProCappers Covergirls and its owner(s), officers, employees, agents, and affiliates from all claims, demands and damages of every kind or nature (actual, direct, consequential or otherwise), known or unknown, suspected or unsuspected, or disclosed or undisclosed, arising out of or in any way related to such dispute or to ProCappers Covergirls. If you are a California resident, you waive your rights under California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor." 12. DISCLAIMER OF WARRANTIES YOU WILL USE PROCAPPERS COVERGIRLS AT YOUR OWN RISK. PROCAPPERS COVERGIRLS PROVIDES SERVICE ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. PROCAPPERS COVERGIRLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROCAPPERS COVERGIRLS MAKES NO WARRANTY: (A) THAT PROCAPPERS COVERGIRLS SERVICE WILL MEET YOUR OR ANY OTHER USER'S REQUIREMENTS; (B) THAT PROCAPPERS COVERGIRLS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF PROCAPPERS COVERGIRLS SERVICE; OR (D) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED IN OR OBTAINED FROM PROCAPPERS COVERGIRLS . ANY INFORMATION, MATERIALS, GOODS OR SERVICES YOU OBTAIN USING PROCAPPERS COVERGIRLS ARE OBTAINED AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM SUCH INFORMATION, MATERIALS, GOODS, OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM PROCAPPERS COVERGIRLS SHALL CREATE ANY WARRANTY, UNLESS IT IS IN WRITING AND SIGNED BY A PRINCIPAL OR OFFICER OF PROCAPPERS COVERGIRLS. 13. LIMITATION OF LIABILITY PROCAPPERS COVERGIRLS AND ITS PRINCIPALS, OFFICERS, DIRECTORS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RESULTING FROM ANYONE'S USE OR INABILITY TO USE PROCAPPERS COVERGIRLS , OR FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OR FOR DAMAGES ARISING FROM: (A) ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED USING PROCAPPERS COVERGIRLS ; (B) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER'S TRANSMISSIONS, DATA OR CONTENT; OR (C) ANY OTHER MATTER RELATING TO PROCAPPERS COVERGIRLS , INCLUDING DAMAGES INCURRED FROM ANY COMPUTER VIRUS OR OTHER MALICIOUS CODE ENCOUNTERED ON THIS WEBSITE. WAIVED DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT PROCAPPERS COVERGIRLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, PROCAPPERS COVERGIRLS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, OR INADVERTENT. PROCAPPERS COVERGIRLS SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER OR THIRD PARTY FOR THE STATEMENTS OR CONDUCT OF ANY OTHER USER OR OTHER THIRD PARTY. IN NO EVENT SHALL PROCAPPERS COVERGIRLS 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT, IF ANY, THAT IS OR WAS PAID BY YOU TO PROCAPPERS COVERGIRLS. 14. NO RESALE OR UNAUTHORIZED COMMERCIAL USE You agree not to resell or assign your rights under these Terms Of Service. You also agree not to make any unauthorized commercial use of ProCappers Covergirls. 15. INFORMATION OR CONTENT OF ANOTHER USER OR THIRD PARTY You agree not to make use of any content or other information that any other user of ProCappers Covergirls or third party has submitted to ProCappers Covergirls. 16. NO AGENCY There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ProCappers Covergirls and you. 17. NOTICE OF CHANGES; OTHER NOTICES ProCappers Covergirls may give notice of changes to these Terms Of Service, or of other matters related to ProCappers Covergirls , by displaying such notice in ProCappers Covergirls . Other notice may be given by e-mail. 18. COMPLETE AND EXCLUSIVE AGREEMENT These Terms Of Service are the complete and exclusive agreement between ProCappers Covergirls and you. 19. MODIFICATION OF TERMS OF SERVICE ProCappers Covergirls may - at any time, in its complete discretion and without any prior notice - modify these Terms Of Service in whole or in part. 20. GOVERNING LAW These Terms Of Service shall be governed by the laws of the Soverign Country of Belize, without regard to its conflict of law provisions. You agree that any and all legal claims you may have against ProCappers Covergirls shall be submitted to, and resolved by, binding arbitration in Belize City, Belize, under the administration and then-current rules of the Belize Legal System. WebMania Inc. is a legal and registered company of Belize. 21. GENERAL If ProCappers Covergirls declines to exercise or enforce any right under, or provision of, these Terms Of Service, such forbearance shall not waive any such right or provision. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms Of Service invalid, such arbitrator or court should nevertheless give effect to ProCappers Covergirls intentions as reflected in such provision as best as it may be construed, and all of the other provisions shall remain in full force and effect. The section titles in these Terms Of Service are for convenience only and have no legal or contractual effect. |
| ProCappers is a registered trademark of ProCappers Group S.A. Copyright © 2006 ProCappers Covergirls™ All Rights Reserved. |
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Information contained in this site is for news and entertainment purposes only. Any use of this information in violation of any federal, state or local law is prohibited. ProCappers™ Group S.A. is a Registered Company of Costa Rica. |