TERMS OF USE AND AGREEMENT

 

THE BELOW TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

 

INTRODUCTION

 

Vampirefreaks.com is an online community site owned by Synth-Tec,Inc. d/b/a/ VampireFreaks ("Synth-Tec" or "we" or "us") that allows each of its users ("User" or "you") to post and view profiles, text, pictures, video, audio, and other content. Any content posted to the site is immediately made public. These terms of use ("Terms" or "Agreement" or "Terms of Use") pertain to the website, content, service, network, and applications provided by Synth-Tec at www.vampirefreaks.com and its related sites (collectively "vampirefreaks.com" or the "Site"), to any user content uploaded, downloaded, or streamed to or from vampirefreaks.com, and to the user thereof, by each user of the Site.

 

USER'S AGREEMENT

 

By accessing or using vampirefreaks.com, or by posting, uploading, downloading, or streaming any webpages or content from vampirefreaks.com, you signify that you have read, understand and agree to be bound by the following Terms of Use , whether or not you are a registered member of vampirefreaks.com:

 

  1. Administration and Monitoring of Site. Due to the nature of social networking sites and the very large amount of content posted frequently, we are unable to monitor everything on the Site, and thus vampirefreaks.com acts as a passive conduit for user interaction. We do, however, respond to reports, notices, and complaints in a timely manner. Though Synth-Tec takes no responsibility for monitoring or editing user content, we reserve the right, at our sole discretion, to change, edit, or remove any user uploaded content, including but not limited to text, images, musical works, sound recordings, and video.

 

  1. Changing Agreement and Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of vampirefreaks.com after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to these Terms of Use, you are not authorized to make any uses whatsoever of the Site, or any content on the Site, including but not limited to downloading webpages. If you do not agree to a future change in the Terms of Use, you must discontinue any further uses of vampirefreaks.com.

 

  1. Eligibility. Registration with and use of vampirefreaks.com is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to vampirefreaks.com by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using vampirefreaks.com, you represent and warrant that you are 13 years of age or older and that you agree to all of the terms and conditions of this Agreement.

 

  1. Account Information. In consideration of your use of vampirefreaks.com, you agree to be fully responsible for all use of your account and for any actions that take place using your account. If you are a registered user of vampirefreaks.com, you also agree to:

 

    1. provide accurate and complete information about you as may be requested on the Site ("Registration Data");

 

    1. maintain the security of your password and identification, and not to disclose or reveal your password to anyone or otherwise permit others to access your account without your knowledge and control; and

 

    1. maintain and promptly update the Registration Data, and any other information you provide to Synth-Tec, to keep it accurate, current and complete.

 

  1. Proprietary Rights in Site Content; Limited License.

 

    1. All rights are reserved to all content accessible or available through the Site (the "Site Content"), including but not limited to text, images, musical works, sound recordings, video, software, and selection and arrangement of any content.

 

    1. All Site Content are the proprietary property of:

 

                                                              i.      Synth-Tec;

 

                                                            ii.      Users of vampirefreaks.com who upload User Content (as defined below); or

 

                                                          iii.      Licensors of Synth-Tec or licensors of User Content.

 

    1. No Site Content may be modified, copied, distributed, framed, reproduced,republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Synth-Tec's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.

 

    1. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

 

    1. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Synth-Tec, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate certain laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

 

  1. Trademarks. "VAMPIREFREAKS," "VF," and other Synth-Tec trademarks, graphics, logos, designs, page headers, button icons, scripts and service names appearing on the vampirefreaks.com website are registered trademarks, unregistered trademarks or trade dress of Synth-Tec in the U.S. and/or other countries, and are protected by the Lanham Act, common law, and other trademark laws. Synth-Tec's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Synth-Tec.

 

  1. User Conduct. You represent, warrant and agree that all materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Site will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use vampirefreaks.com to:

 

    1. collect email addresses, names, or other contact information of other users from the Site by for any commercial, unlawful, or predatory purpose;

 

    1. infringe upon anyone else's rights of any kind in any jurisdiction, including but not limited to copyrights, trademarks, service marks, trade dress, patents, trade secrets, and privacy right;

 

    1. use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

 

    1. use automated scripts to collect information from or otherwise interact with the Site;

 

    1. upload, post, transmit, share, store or otherwise make available any content that is harmful, threatening, unlawful, defamatory, infringing, abusive, illegal, harassing, obscene, fraudulent, or invasive;

 

    1. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

 

    1. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;

 

    1. upload, post, transmit, share or otherwise make available any junk mail, spam, chain letters, pyramid schemes, mass mailings, or any other form of solicitation;

 

    1. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party without permission, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, name, likeness, or biography;

 

    1. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

 

    1. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

    1. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

 

    1. use or attempt to use another's account, service or system, or create a false identity on the Site;

 

    1. exploit anyone in a sexual or violent manner; or

 

    1. Uploading pornographic or obscene material to the Site;

 

    1. Uploading excessively gory material to the Site;

 

    1. Engaging in, promoting, or condoning any type of harmful or illegal activity;

 

    1. Spamming;

 

    1. Sending sexual messages to minors.

 

  1. User Content Posted on the Site. You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish, perform, or display (hereinafter, "post") on or through vampirefreaks.com, or transmit to or share with other users (collectively the "User Content").

 

You may not post, transmit, or share on the Site any User Content that you are not authorized to post, including but not limited to authorizations necessary under copyright, trademark, and privacy laws for Synth-Tec and its affiliates, parents, subsidiaries, partners, and advertisers to copy, distribute, publicly perform, and publicly display, including on websites, such User Content. You understand and agree that Synth-Tec may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of Synth-Tec violates this Agreement or the Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Synth-Tec.

 

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Synth-Tec an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Synth-Tec may retain archived copies of your User Content.

 

  1. Copyright Complaints. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the vampirefreaks.com website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.

 

  1. Repeat Infringer Policy. In accordance with the Digital Millennium Copyright ActDMCA) and other applicable law, Synth-Tec has adopted a policy of terminating, in appropriate circumstances and at Synth-Tec's sole discretion, members who are deemed to be repeat infringers. Synth-Tec may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

  1. Third Party Websites and Content. The Site contains (or you may be sent through the Site) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

 

  1. Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products, downloads, or services from Synth-Tec. By ordering products or services from Synth-Tec through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Synth Tec's sole discretion so you should review the Terms of Sale each time you make a purchase.

 

  1. User Disputes. You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

  1. Privacy. We care about the privacy of our users. Click here to view the VampireFreaks Privacy Policy.

 

  1. Disclaimers. Synth-Tec is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on vampirefreaks.com, whether posted or caused by users of the Site, by Synth-Tec, by third parties or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on vampirefreaks.com and are not responsible for any obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. Synth-Tec is not responsible for the conduct, whether online or offline, of any user of the Site.

 

  1. Offline. Vampirefreaks.com may be temporarily unavailable from time to time for maintenance or other reasons. Synth-Tec 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, User communications. Synth-Tec is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web Under no circumstances will Synth-Tec be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site, any User Content or Third Party Applications, Software or Content posted on or through vampirefreaks.com or transmitted to Users, or any interactions between users of vampirefreaks.com, whether online or offline.

 

  1. As-Is. VAMPIREFREAKS.COM IS PROVIDED "AS-IS" AND SYNTH-TEC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH VAMPIREFREAKS.COM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

 

  1. Right to Change. Synth-Tec reserves the right to change any and all content, software and other items used or contained in the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Synth-Tec.

 

  1. Limitation on Liability. IN NO EVENT WILL SYNTH-TEC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF SYNTH-TEC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SYNTH-TEC'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 SYNTH-TEC FOR USES OF THE SITE (EXCLUDING PAID DOWNLOADS) DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL SYNTH-TEC'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SYNTH-TEC FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SYNTH-TEC, REGARDLESS OF THE CAUSE OF ACTION.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

  1. Termination. Synth-Tec may terminate your membership, delete your profile and any content or information that you have posted on vampirefreaks.com and/or prohibit you from using or accessing vampirefreaks.com for any reason, or no reason, at any time in its sole discretion, with or without notice.

 

  1. Governing Law; Venue and Jurisdiction. By visiting or using vampirefreaks.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Synth-Tec or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

 

  1. Arbitration. YOU AND SYNTH-TEC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE SITE SHALL BE FINAL AND BINDING ARBITRATION.

 

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Synth-Tec will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF VAMPIREFREAKS.COM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to vampirefreaks.com be instituted more than three (3) years after the cause of action arose.

 

  1. Indemnity. You agree to indemnify and hold Synth-Tec, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through vampirefreaks.com, your use of vampirefreaks.com, your conduct in connection with vampirefreaks.com or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

 

  1. Submissions. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about vampirefreaks.com ("Submissions"), provided by you to Synth-Tec are non-confidential and shall become the sole property of Synth-Tec. Synth-Tec shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

  1. Other. The failure of Synth-Tec to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.