Lucy Media welcomes you.
This User Agreement ("Agreement") applies to web sites and
interactive services owned or operated by Lucy Media and its subsidiaries which
include, but are not limited to, FamousFix.com, WhosDatedWho.com, FanPix.net, AllStarPics.net,
LucyWho.com, LucyLooks.com, LucyMe.com, BDBPhotos.com, LucyPhotos.com and
TheBaseballWebsite.com (individually the
"Service"; together the "Services").
Additional operating guidelines ("Guidelines") may
be posted from time to time on a particular Service that will also apply to use
of such Service, and such Guidelines are incorporated by reference into the Agreement.
Lucy Media may also offer certain Services that are governed by different terms
of service and such different terms of service will be posted and govern the
use of such Service.
The Services collectively act as a content hosting and
sharing platform that allows Users (as defined in the following paragraph) to
store images, text and videos and share them across the internet and create
unique personal profiles online. The Services are hosted in the United States.
Use of the Services is also governed by the Lucy Media Privacy Policy,
which is incorporated into this Agreement by this reference. By using
the Lucy Media Services, you agree to be bound by this Agreement, whether you
are a "Visitor" (which means that you simply browse or use the Services,
including through a mobile device, or otherwise use the Lucy Media Services
without being registered) or you are a "Member" (which means that you
have registered with Lucy Media). The term "User" refers to a Visitor
or a Member. You are only authorized to access the Lucy Media Services,
including materials and services contained in the Services (regardless of
whether your access or use is intended) if you agree to abide by all applicable
laws and the terms of this Agreement. Please read this Agreement carefully and
save it. If you do not agree to be bound by this Agreement and to follow all
applicable laws, you should discontinue use of the Lucy Media Services
immediately. If you wish to make use of the Lucy Media Services, read this
Agreement and reaffirm your acceptance during the registration process.
This Agreement includes Lucy Media's policy for acceptable
use of the Lucy Media Services and Content (as defined in Section 6.1 below)
posted on or through the Lucy Media Services and your rights, obligations and
restrictions regarding your use of the Lucy Media Services and Content posted
on or through the Lucy Media Services. In order to participate in certain Lucy
Media Services, you may be notified that you are required to download software
or content and/or agree to additional terms and conditions from Lucy Media.
Unless otherwise provided by the additional terms and conditions applicable to
the Lucy Media Services in which you choose to participate, those additional
terms are hereby incorporated into this Agreement.
Lucy Media may modify or amend this Agreement without notice
at any time and such modification will be effective upon posting by Lucy Media on
each Service. Your continued use of the Lucy Media Services after Lucy Media posts
a revised Agreement signifies your acceptance of the revised Agreement. It is
therefore important that you review this Agreement regularly to ensure you are
updated as to any changes.
Please choose carefully the information you post on or
through the Lucy Media Services and that you make available directly or
indirectly to other Users. Your Lucy Media profile and any Content that you
upload to the Lucy Media Services may not include any form of Prohibited
Content, as outlined in Section 8 below. Despite this prohibition, information,
materials, products or services provided by other Lucy Media Users (for
instance, in their profile or images/videos) may, in whole or in part, be
unauthorized, impermissible or otherwise violate this Agreement, and Lucy Media
assumes no responsibility or liability for this material. If you become aware
of misuse of the Lucy Media Services by any person, please email ABUSE (AT) LUCYMEDIA
(DOT) COM (DOT) AU and include in your email a URL to the material in question.
Lucy Media reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting (including, without limitation,
descriptions, comments, images or videos) by you, or to deny, restrict,
suspend, or terminate your access to all or any part of the Lucy Media Services
at any time, for any or no reason, with or without prior notice or explanation,
and without liability. Lucy Media expressly reserves the right to remove any or
all of your images, videos, account and profile and/or to deny, restrict,
suspend, or terminate your access to all or any part of the Lucy Media Services
if Lucy Media determines, in its sole discretion, that you have violated this
Agreement or pose a threat to Lucy Media and/or its Users.
Some of the written content available on the Lucy Media Services has generally been made available by Wikipedia or its licensors under the the Creative Commons Attribution-ShareAlike 4.0 International License ("CC BY-SA") and/or the GNU Free Documentation License ("GFDL"). Lucy Media uses all such text pursuant to the terms of the CC BY-SA and you are free to use such content in compliance with such license. Certain specific text may be made available by Wikipedia under other free licenses, and Lucy Media makes such text available under the applicable license.
1. Eligibility.
Use of the Lucy Media Services and/or registration to be a
Member for the Lucy Media Services ("Membership") is void where
prohibited. By using the Lucy Media Services, you represent and warrant that
(a) all registration information you submit is truthful and accurate; (b) you
will maintain the accuracy of such information; (c) you are 14 years of age or
older; and (d) your use of the Lucy Media Services does not violate any
applicable law or regulation.
2. Term.
This Agreement, and any posted revision to this Agreement,
shall remain in full force and effect while you use the Lucy Media Services.
You may terminate your Membership at any time, for any reason, by following the
instructions on the account options page. Lucy Media may terminate your
Membership at any time, without warning for any or no reason, with or without
prior notice or explanation, and without liability. Even after Membership
and/or your use of the Lucy Media Services is
terminated, this Agreement will remain in effect in its entirety.
3. Account.
Members are limited to one free account per person. Your Lucy
Media account is solely for your own personal use and benefit. Notwithstanding
the above, you acknowledge that Lucy Media reserves the right to charge for any
portion of the Lucy Media Services from time to time in its discretion.
4. Password.
When you sign up to become a Member, you will also be asked
to choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account, username,
or password of another Member at any time or to disclose your password to any
third party. You agree to notify Lucy Media immediately if you suspect any
unauthorized use of your account or access to your password. You are solely
responsible for any and all use of your account.
5. Use by Users.
The Lucy Media Services are for the personal use of Users
and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically
endorsed or authorized by Lucy Media. Lucy Media reserves the right to remove
commercial content in its sole discretion. Illegal and/or unauthorized use of
the Lucy Media Services, including collecting usernames, user id numbers,
and/or email addresses of Users by electronic or other means for the purpose of
sending unsolicited email or unauthorized framing of or linking to the Site, or
employing third-party promotional sites or software to promote profiles for
money, is prohibited. Commercial advertisements, affiliate links, and other
forms of unauthorized solicitation may be removed from images, videos and/or Member
profiles without notice or explanation and may result in termination of
Membership privileges. Lucy Media reserves the right to take appropriate legal
action for any illegal or unauthorized use of the Lucy Media Services.
6. Proprietary Rights in Content on Lucy Media.
6.1
Lucy Media does not claim any ownership
rights in the text, files, images, photos, video, sounds, musical works, works
of authorship, applications, or any other materials (collectively,
"Content") that you post on or through the Lucy Media Services. By
displaying or publishing ("posting") any Content on or through the Lucy
Media Services, you hereby grant to Lucy Media and other users a non-exclusive,
fully paid and royalty-free, worldwide, limited license to use, modify, delete
from, add to, publicly perform, publicly display, reproduce and translate such
Content, including without limitation distributing part or all of the Site in
any media formats through any media channels. Lucy Media and/or other Users may
copy, print or display publicly available Content outside of the Lucy Media Services,
including without limitation, via the Site or third party websites or
applications (for example, services allowing Users to order prints of Content
or t-shirts and similar items containing Content).
6.2
You represent and warrant that: (i) you own the Content posted by you on or through the Lucy
Media Services or otherwise have the right to grant the license set forth in
this section, (ii) the posting and use of your Content on or through the Lucy
Media Services does not violate the privacy rights, publicity rights,
copyrights, contract rights, intellectual property rights or any other rights
of any person, and (iii) the posting of your Content on the Site does not
result in a breach of contract between you and a third party. You agree to pay
for all royalties, fees, and any other monies owing any person by reason of
Content you post on or through the Lucy Media Services.
6.3
The Lucy Media Services
contain Content of Lucy Media ("Lucy Media Content"). Lucy Media Content
is protected by copyright, trademark, patent, trade secret and other laws, and Lucy
Media owns and retains all rights in the Lucy Media Content and the Lucy Media Services.
Lucy Media hereby grants you a limited, revocable, nonsublicensable
license to reproduce and display the Lucy Media Content (excluding any software
code) solely for your personal use in connection with viewing the Site and
using the Lucy Media Services.
6.4
The Lucy Media Services
contain Content of Users and other Lucy Media licensors. Except as provided within
this Agreement, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content
appearing on or through the Lucy Media Services.
6.5
Lucy Media performs
technical functions necessary to offer the Lucy Media Services, including but
not limited to transcoding and/or reformatting Content to allow its use
throughout the Lucy Media Services.
6.6
Although the Lucy
Media Services are normally available, there will be occasions when the Lucy
Media Services will be interrupted for scheduled maintenance or upgrades, for
emergency repairs, or due to failure of telecommunications links and equipment
that are beyond the control of Lucy Media. Also, although Lucy Media will
normally only delete Content that violates this Agreement, Lucy Media reserves
the right to delete any Content for any reason, without prior notice. Deleted
content may be stored by Lucy Media in order to comply with certain legal
obligations and is not retrievable without a valid court order. Consequently, Lucy
Media encourages you to maintain your own backup of your Content. In other
words, Lucy Media is not a backup service. Lucy Media will not be liable to you
for any modification, suspension, or discontinuation of the Lucy Media Services,
or the loss of any Content.
7. Content Posted.
7.1
Lucy Media may
reject, refuse to post or delete any Content for any or no reason, including
Content that in the sole judgment of Lucy Media violates this Agreement or
which may be offensive, illegal or violate the rights of any person or entity,
or harm or threaten the safety of any person or entity. Lucy Media assumes no
responsibility for monitoring the Lucy Media Services for inappropriate Content
or conduct. However, regardless of whether the Content is public or private, Lucy
Media may choose to monitor such Content at any time, in its sole discretion.
If at any time Lucy Media chooses to monitor the Lucy Media Services, Lucy
Media nonetheless assumes no responsibility for the Content, no obligation to
modify or remove any inappropriate Content, and no responsibility for the
conduct of the User submitting any such Content.
7.2
You are solely
responsible for the Content that you post on or through any of the Lucy Media Services,
and any material or information that you transmit to other Users and for your
interactions with other Users.
8. Content/Activity Prohibited.
You must use the Lucy Media Services in a manner consistent
with any and all applicable laws and regulations. The following are examples of
the kind of Content that is illegal or prohibited to post on or through the Lucy
Media Services. Lucy Media reserves the right to investigate and take
appropriate legal action against anyone who, in Lucy Media's sole discretion,
violates this provision, including without limitation, removing the offending
Content from the Lucy Media Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to,
Content that, in the sole discretion of Lucy Media:
8.1
is patently
offensive or promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual;
8.2
harasses or
advocates harassment of another person;
8.3
exploits people
in a sexual or violent manner;
8.4
contains nudity,
excessive violence, or offensive subject matter or contains a link to an adult
website;
8.5
solicits personal
information from anyone under 18;
8.6
publicly posts
information that poses or creates a privacy or security risk to any person;
8.7
constitutes or promotes information that you
know is false or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
8.8
constitutes or
promotes an illegal or unauthorized copy of another person’s copyrighted work;
8.9
involves the
transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming,"
or "spamming";
8.10
contains
restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page);
8.11
furthers or promotes any criminal activity or
enterprise or provides instructional information about illegal activities
including, but not limited to making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
8.12
solicits
passwords or personal identifying information for commercial or unlawful
purposes from other Users;
8.13
involves
commercial activities and/or sales without prior written consent from Lucy
Media such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14
includes a
photograph or video of another person that you have posted without that
person's consent; or
8.15
violates the privacy rights, publicity
rights, defamation rights, copyrights, trademark rights, contract rights or any
other rights of any person.
The following
are examples of the kind of activity that is illegal or prohibited through the
use of the Lucy Media Services. Lucy Media reserves the right to investigate
and take appropriate legal action against anyone who, in Lucy Media's sole
discretion, violates this provision, including without limitation, reporting
you to law enforcement authorities. Prohibited activity includes, but is not
limited to:
8.16
criminal or tortious activity, including
child pornography or erotica, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming,
"pyramid scemes," Ponzi schemes, sending of
viruses or other harmful files, copyright infringement, patent infringement, or
theft of trade secrets;
8.17
advertising to,
or solicitation of, any User to buy or sell any products or services through
the unauthorized or impermissible use of the Lucy Media Services. You may not
transmit any chain letters or junk email to other Users.
8.18
circumventing or
modifying, attempting to circumvent or modify, or encouraging or assisting any
other person in circumventing or modifying any security technology or software
that is part of the Lucy Media Services
8.19
Forging any TCP/IP packet header or any part
of the header information in any posting, or in any way use the Site or Lucy
Media Services to send altered, deceptive, or false source-identifying
information;
8.20
activity that involves the use of viruses,
bots, worms, or any other computer code, files or programs that interrupt,
destroy or limit the functionality of any computer software or hardware, or
otherwise permit the unauthorized use of or access to a computer or a computer
network;
8.21
interfering with
the access of any User, host or network to the Site;
8.22
covering or
obscuring the banner advertisements on your personal profile page, or any Lucy
Media page via HTML/CSS or any other means;
8.23
including any
HTML, CSS or other coding on your personal profile page, including, without
limitation, any hidden or otherwise surreptitiously contained code in the
Content which is unrelated to the immediate aesthetic nature of the Content;
8.24
any automated
use of the system, such as, but not limited to, using scripts to send images or
videos;
8.25
interfering
with, disrupting, or creating an undue burden on the Lucy Media Services or the
networks or services connected to the Lucy Media Services;
8.26
impersonating or
attempting to impersonate another User, person or entity;
8.27
using the account, username, or password of
another Member at any time or disclosing your password to any third party or
permitting any third party to access your account;
8.28
selling or
otherwise transferring your profile;
8.29
using any information obtained from the Lucy
Media Services in order to harass, abuse, or harm another person or entity, or
attempting to do the same;
8.30
displaying an unauthorized commercial
advertisement on your profile, or accepting payment or anything of value from a
third person in exchange for your performing any commercial activity through
the unauthorized or impermissible use of the Lucy Media Services on behalf of
that person or
8.31
deleting, or in
any manner altering, the copyright, trademark, or other proprietary rights
notices appearing on any Content except your own Content;
8.32
using any meta
tags or other hidden text or metadata utilizing a Lucy Media name, trademark,
URL or product name without Lucy Media's express written consent;
8.33
attempting to
probe, scan or test the vulnerability of any Lucy Media Service or breach any
security or authentication measures;
8.34
collecting or
store personal data about other users without their express permission;
8.35
impersonating or misrepresenting your
affiliation with any person or entity, through pretexting or any other form of
social engineering, or otherwise commiting fraud; or
8.36
using the Lucy
Media Services in a manner inconsistent with any and all applicable laws and
regulations.
9. Member Disputes.
You are solely responsible for your interactions with other
Members. Lucy Media reserves the right, but has no obligation, to resolve or
arbitrate disputes between you and other Members.
10. Disclaimers.
Lucy Media is not responsible for and makes no warranties,
express or implied, as to the Content or the accuracy and reliability of the
Content posted on or through the Lucy Media Services, whether caused by Users
of the Lucy Media Services or by any of the equipment or programming associated
with or utilized in the Lucy Media Services and such Content does not
necessarily reflect the opinions or policies of Lucy Media. Profiles and
third-party applications created and posted by Users on the Services may
contain links to other websites. Lucy Media is not responsible for the content, accuracy or opinions expressed on such websites,
and such websites are in no way investigated, monitored or checked for accuracy
or completeness by Lucy Media. Inclusion of any linked website on the Lucy
Media Services does not imply approval or endorsement of the linked website by Lucy
Media. When you access these third-party sites, you do so at your own risk. Lucy
Media takes no responsibility for third-party advertisements or third-party
applications or services that are posted on or through the Lucy Media Services,
nor does it take any responsibility for the goods or services provided by its
advertisers or third party websites or applications. Lucy Media is not
responsible for the conduct, whether online or offline, of any User of the Lucy
Media Services. Lucy Media assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any User communication. Lucy Media is
not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical problems
or traffic congestion on the Internet or on any of the Lucy Media Services or
combination thereof, including any injury or damage to Users or to any person's
computer related to or resulting from participation or downloading materials in
connection with the Lucy Media Services. Under no circumstances shall Lucy
Media be responsible for any loss or damage, including personal injury or
death, resulting from use of the Lucy Media Services, from any Content posted
on or through the Lucy Media Services, or from the conduct of any Users of the Lucy
Media Services, whether online or offline. The Lucy Media Services are provided
"AS-IS" and as available and Lucy Media expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. Lucy Media cannot
guarantee and does not promise any specific results from use of the Lucy Media Services.
11. Limitation on Liability.
IN NO EVENT SHALL LUCY MEDIA BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE LUCY
MEDIA SERVICES, EVEN IF LUCY MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LUCY MEDIA'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LUCY
MEDIA FOR THE LUCY MEDIA SERVICES DURING THE TERM OF MEMBERSHIP.
12. Australian Export Controls.
Software available in connection with the Lucy Media Services
(the "Software") is further subject to Australian export controls. No
Software may be downloaded from the Lucy Media Services or otherwise exported
or re-exported in violation of Australian export laws. Downloading or using the
Software is at your sole risk.
13. Disputes.
The Agreement shall be governed by, and construed in
accordance with, the laws of the Australian Capital Territory, without regard
to its conflict of law provisions. You and Lucy Media agree to submit to the
exclusive jurisdiction of the courts located within the Australian Capital
Territory to resolve any dispute arising out of the Agreement or the Lucy Media
Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY
WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION
(INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD
PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER
PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE
EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL
PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL
INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
14. Indemnity.
You agree to indemnify and hold Lucy Media, its
subsidiaries, and affiliates, and their respective officers, agents, partners
and employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your use of the Lucy Media Services in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth in this Agreement and/or if any
Content that you post on or through the Lucy Media Services causes Lucy Media to
be liable to another.
15. Protecting Copyrights and Other Intellectual Property.
Lucy Media respects the intellectual property of others, and
requires that our users do the same. You may not upload, embed, post, email,
transmit or otherwise make available any material that infringes any copyright,
patent, trademark, trade secret or other proprietary rights of any person or
entity. Lucy Media has the right to terminate the Membership of infringers. If
you believe your work has been copied and posted on or through the Lucy Media Services
in a way that constitutes copyright infringement, please follow the procedures
set forth in the Lucy Media Copyright and IP Policy.
16. Other.
This Agreement is accepted upon your use of the Lucy Media Services
and is further affirmed by you becoming a Member. This Agreement constitutes
the entire agreement between you and Lucy Media regarding the use of the Lucy
Media Services. The failure of Lucy Media to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is unlawful, void
or unenforceable, that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining provisions.
