User Agreement
This
is a legal agreement ("Agreement") between you and Intermaxim
Solutions LLC a Texas company ("Bodyaddiction.com"), which may be
contacted at 14902 Preston Rd. Suite 404-117, Dallas, Texas 75254. By accessing
the Bodyaddiction.com web site located at www.Bodyaddiction.com (the
"Website"), and using any of the Services (as defined below)
accessible through the Website, you become a user and agree to, and are bound
by, the terms and conditions of this Agreement for as long as you continue to
use the Website or its Services. IF YOU OBJECT TO ANYTHING IN THIS
AGREEMENT, DO NOT USE BODYADDICTION.COM OR ITS SERVICES. This Agreement is
subject to change by Bodyaddiction.com at any time, effective upon posting on
the Bodyaddiction.com website, and your use of the Service after such posting
will constitute acceptance by you of such changes.
I.
Right to Use.
1.
Your
right to use the Website and Services is subject to any limitations, conditions
and restrictions established by us from time to time, in our sole discretion.
We may alter, suspend or discontinue any aspect of the Service at any time,
including the availability of any Service feature, database or content. We may
also impose limits on certain features and aspects of the Service or restrict
your access to parts or all of the Service without notice or liability.
II.
Eligibility.
1.
Minimum Age. You must be at least 18 years old to use the
Website. By using the Bodyaddiction.com Website, you represent and warrant that
you are at least 18 years old. Membership is void where prohibited.
III.
Code of Conduct.
1.
Conduct. You agree to use the Service in accordance with the
following Code of Conduct:
i.
you
will keep all information provided to you through the Service as private and
confidential and will not give such information to anyone without the
permission of the person who provided it to you;
ii.
you
will not use the Service to engage in any form of harassment or offensive
behavior, including but not limited to the posting of communications, pictures
or recordings which contain libelous, slanderous, abusive or defamatory
statements, or racist, pornographic, obscene, or offensive language;
iii.
you
will not forward chain letters, spam, or junk mail through the Service;
iv.
you
will not use the Service to infringe the privacy rights, property rights, or
any other rights of any person;
v.
you
will not post messages, pictures or recordings or use the Service in any way
which:
1.
violates,
plagiarizes or infringes upon the rights of any third party, including but not
limited to any copyright or trade-mark law, privacy or other personal or
proprietary rights, or
2.
is
fraudulent or otherwise unlawful or violates any law;
vi.
you
will not use the Service to distribute, promote or otherwise publish any
material containing any solicitation for funds, advertising or solicitation for
goods or services;
vii.
you
will not use the Service to distribute or up load any virus, trojan horses or
do anything else that might cause harm to the Service, Bodyaddiction.com
systems or to other members' systems in any way;
viii.
you
will not post or transmit in any manner any contact information including, but
not limited to, email addresses, "instant messenger" nicknames,
telephone numbers, postal addresses, URLs, or full names through your publicly
posted information.
IV.
Risk Assumption, Precautions, and Violations.
1.
By
issuing the services you acknowledge that (a) we cannot ensure the security
privacy of information you provide through the Internet and your email
messages, and you release us from any and all liability in connection with the
use of such information by other parties; (b) we are not responsible for, and
cannot control, the use by others of any information which you provide to them
and you should use caution in selecting the personal information you provide to
others through the Service; and (c) we cannot assume any responsibility for the
content of messages sent by other users of the Service, and you release us from
any and all liability in connection with the contents of any communications you
may receive from other users. We cannot guarantee, and assume no responsibility
for verifying, the accuracy of the information provided by other users of the
Service.
2.
You
assume all risk when using the Services, including but not limited to all of
the risks associated with any online or offline interactions with others,
including dating. You agree to take all necessary precautions when meeting
individuals through the Bodyaddiction.com Website. You understand that
Bodyaddiction.com does not in any way screen any of its members.
3.
You
may not use the Service for any unlawful purpose. We may refuse to grant you a,
ID or nickname that impersonates someone else, is protected by trade-mark or
proprietary law, or is vulgar or otherwise offensive, as determined by us in
our sole discretion.
V.
Geographic Limitations.
1.
The
Website and Services are intended for use in the United States. You will only
use the Services in a manner consistent with this Agreement and any and all
applicable local, state, national and international laws and regulations,
including, but not limited to, United States export control laws. You are not
located in, under the control of, or a national or resident of any country
which the United States has (i) embargoed goods, (ii) identified as a
"Specially Designated National", or (iii) placed on the Commerce
Department's Table of Deny Orders. Registration for, and use of, the Services
are void where prohibited. To the extent that the Services are not legal in
your jurisdiction, you may not use the Services. The Services may not be used
where prohibited by law.
VI.
Unique Profile and No False Information.
1.
As
a Registered User of the Website, you will create only one unique profile.
2.
You
will provide accurate information to Bodyaddiction.com or to any other user. If
information provided to bodyaddiction or another user subsequently becomes
inaccurate, misleading or false, you will promptly notify Bodyaddiction.com of
such change.
VII.
Property Rights and Content.
1.
Proprietary Information. Bodyaddiction.com owns and retains all
proprietary rights in the Website and the Service. The Website contains the
copyrighted material, trademarks, and other proprietary information of Bodyaddiction.com,
agents and its licensors. Except for that information which is in the public
domain or for which you have been given written permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
2.
Monitoring of Information. We reserve the right to monitor all
advertisements, public postings and messages to ensure that they conform to the
content guidelines which may be applicable from time to time.
3.
Removal of Information. While we do not and cannot review every
message or other material posted or sent by users of the Service, and are not
responsible for any content of these messages or materials, we reserve the
right, but are not obligated, to delete, move, or edit messages or materials,
including without limitation profiles, public postings and messages, that we,
in our sole discretion, deem to violate the Code of Conduct set out above or
any applicable content guidelines, or to be otherwise unacceptable. You shall
remain solely responsible for the content of profiles, public postings,
messages and other materials you may upload to the Service or users of the
Service.
VIII.
No Advertising or Commercial Solicitation.
1.
You
will not advertise or solicit any user to buy or sell any products or services
through the Site or Services. You will not use any information obtained from
the Services in order to contact, advertise to, solicit, or sell to any user
without their prior explicit consent. In order to protect our Members from such
advertising or solicitation, we reserve the right to restrict the number of
emails which a Member may send to other Members in any 24-hour period to a
number which we deem appropriate in our sole discretion.
IX.
Termination of Access to Service
1.
We
may, in our sole discretion, terminate or suspend your access to all or part of
the Service at any time, with or without notice, for any reason, including,
without limitation, breach of this Agreement. Without limiting the generality
of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or
that may otherwise affect the enjoyment of the Service or the Internet by
others may be grounds for termination of your access to all or part of the
Service at our sole discretion, and you may be referred to appropriate law
enforcement agencies.
X.
No Responsibility
1.
You
acknowledge that we are not responsible for suspension of the Service,
regardless of the cause of the interruption or suspension.
XI.
Security.
1.
Your
account is private and should not be used by anyone else. You are responsible
for all usage or activity on the Service by users using your password,
including but not limited to use of your password by any third party.
XII.
External Links
1.
The
Service may from time to time contain links to other Internet sites and
resources ("External Links"). You acknowledge that we are not
responsible for, and have no liability as a result of, the availability of
External Links or their contents. We suggest that you review the terms of use
and privacy statement of such External Links prior to use of them.
XIII.
Privacy.
1.
Use
of the Website and/or the Service is also governed by our Privacy Policy.
XIV.
Indemnity
1.
You
agree to indemnify Bodyaddiction.com, our officers, directors, employees and
agents, from any loss or damages, including without limitation reasonable legal
fees, which we may suffer from your activities on or use of the Service,
including without limitation any breach by you of this Agreement or any charges
or complaints made by other parties against you. You shall cooperate as fully
as reasonably required in the defense of any claim. We reserve the right to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you; provided, however, that you shall remain liable for any
such claim.
XV.
Jurisdiction.
1.
If
there is any dispute arising out of the Website and/or the Service, by using
the Website, you expressly agree that any such dispute shall be governed by the
laws of the State of Texas, without regard to its conflict of law provisions,
and you expressly agree and consent to the exclusive jurisdiction and venue of
the state and federal courts of the State of Texas, in Dallas County, for the
resolution of any such dispute.
XVI.
No Warranties
1.
The
Service is distributed on an "as is" basis. We do not warrant that
this Service will be uninterrupted or error-free. There may be delays, omissions,
and interruptions in the availability of the Service. Where permitted by law,
you acknowledge that the Service is provided without any warranties of any kind
whatsoever, either express or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose. You
acknowledge that use of the Service is at your own risk. We do not represent or
endorse the accuracy or reliability of any member profile, advice, opinion,
statement or other information displayed, uploaded or distributed through the
Service by Bodyaddiction.com, our partners or any user of the Service or any
other person or entity. You acknowledge that any reliance upon any such
opinion, member profile, advice, statement or information shall be at your sole
risk.
2.
We
do not represent or endorse the accuracy or reliability of any advice, opinion,
statement or other information displayed, uploaded or distributed through the
Service by Bodyaddiction.com or any user of the Service or any other service.
Your continued use of the Service now, or following the posting of notice of
any changes in this Agreement, will constitute a binding acceptance by you of
this Agreement, or any subsequent modifications.
XVII.
Modifications
1.
We
may modify this Agreement from time to time. Notification of changes in this
Agreement will be posted on the Service or sent via electronic mail, as we may
determine in our sole discretion. If you do not agree to any modifications, you
should terminate your use of the Service. Your continued use of the Service
now, or following the posting of notice of any changes in this Agreement, will
constitute a binding acceptance by you of this Agreement, or any subsequent
modifications.
XVIII.
Disclosure and Other Communication
1.
We
reserve the right to send electronic mail to you, for the purpose of informing
you of changes or additions to the Service, or of any Bodyaddiction.com related
products and services. We reserve the right to disclose information about your
usage of the Service and demographics in forms that do not reveal your personal
identity.
THIS
AGREEMENT WAS LAST UPDATED ON January 12, 2011.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.
