After Dark Network
Terms & Conditions of Use ("Terms")
Revised June 2nd, 2014 NOTICE: This web site is intended for ADULTS
ONLY and MAY contain content deemed suitable for adults only. Use of this website by users UNDER
THE AGE OF 18 YEARS IS EXPRESSLY FORBIDDEN. It is expressly disclosed that this web site
(AKA the "Network") is for the entertainment purposes ONLY of
adults (reference disclaimer section below) and no warranties whatsoever are
made or implied unless otherwise expressly defined herein. Definitions: The After Dark Network web site and media
network ("Network") contains content that is provided as a service to
users who agree to abide by the following acceptable conduct terms. Your right
to use the Network is governed by these Terms of Use (including our Privacy Policy
- collectively, "Terms") and you should take the time to review both
carefully before you use the Network. By using the Network in any way, you are expressly
agreeing to comply with, and be bound by, these Terms. For the purposes of these "Terms" the
"Network" is defined as the owners and/or operators of
this web site, all affiliated or co-owned/operated web sites, publications and
media outlets operated by the same owner(s)/operator(s), it's sponsors,
officers, employees, contractors, affiliates and other users of the Network. The "User" ("you") is
defined as any person or entity not defined as the "Network" who
views, contacts, uses or considers using the Network
for any purpose, by any method and in any manner (you). The Network reserves the right to change the
Terms at any time and for any reason. Updated versions of the Terms will be
posted to the Network web site(s) and/or other media outlets and you should
visit this Temrs page periodically to keep apprised
of any changes. By continuing to use the Network after any such change, you
accept and agree to the modified Terms. The Network reserves the right to
modify or discontinue, temporarily or permanently, the Network, any Network
features, benefits (including without limitation blocking or terminating your
Account), rules or conditions, all without notice, even though such changes may
affect the way you use the Network. You agree that the Network will not be
liable to you or any third-party for any modification or discontinuance of the Network
and/or its Terms.. User Conduct: Without limitation, you agree to refrain from
the following actions while using the Network: 1. Harassing, threatening, embarrassing or
causing distress or discomfort upon another individual or entity or
impersonating any other person or entity or otherwise restricting or inhibiting
any other person from using or enjoying the Network; 2. Transmitting any information, data, text,
files, links, software, chats, communication or other materials that is
unlawful, false, misleading, harmful, threatening, abusive, invasive of
another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially
or otherwise objectionable, including without limitation material of any kind
or nature that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
provincial, national, or international law or regulation, or encourage the use
of controlled substances; 3. Posting advertising or solicitation in
categories that is not appropriate, or posting the same item or service in more
than one category or more than once every 7 days, or posting the same ad in
multiple cities on the Network; 4. (a) Posting adult content or explicit adult
material unless: (i) such material is specifically
permitted in designated adult categories and permitted under applicable
federal, state, and local law; and (ii) you are at least 18 years of age or
older and not considered to be a minor in your state of residence; 5. Posting any ad for products or services, use or sale of which is prohibited by any law or
regulation; 6. Sending mail, e-mail, voice messages, texts
or faxes for solicitation of any other product, or service to a user of the Network
unless the user has granted permission in their ad or otherwise allowed contact
for solicitation; 7. Deleting or revising any material posted by
any other user; 8. Interfering with or infringing the patents,
copyrights, trademarks, service marks, logos, confidential information or
intellectual property rights of others; 9. Using any automated device, spider, robot,
crawler, data mining tool, software or routine to access, copy, or download any
part of the Network unless expressly permitted by the Network; 10. Taking any action creating a
disproportionately large usage load on the Network unless expressly permitted
by the Network: 11. Sending messages or engaging in disruptive
or damaging activities online, including excessive use of scripts, sound waves,
scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any
other destructive element; 12. Gaining or attempting to gain unauthorized
access to non-public areas of the Network. In addition, if you have a password
to a non-public area of the Network, you may not disclose to, or share your
password, with any third parties and/or use your password for unauthorized
purposes; 13. Attempting to decipher, decompile,
disassemble or reverse engineer any of the software comprising or in any way making
up all or any part of the Network; modifying any meta data, copying or
duplicating in any manner any of the content; framing of or linking to any of
the Network, its content or information available from the Network without the
express written consent of agents of the Network; 14. Discriminating on the grounds of race,
religion, national origin, gender, disability, age, marital status, sexual
orientation, or refers to such matters in any manner prohibited by law; 15. Posting any employment ads violating the
anti-discrimination provisions of the Immigration and Nationality Act or
messages which violate any law or regulation; 16. Using the Network to engage in or assist
another individual or entity to engage in fraudulent, abusive, manipulative or
illegal activity. 17. Posting free ads promoting links to
commercial services or web Networks except in areas of the Network where such
ads are expressly permitted; Please report any violations of these Terms to: manager@usa-afterdark.com You agree to comply with all applicable laws,
statutes, regulations, and ordinances concerning your use of the Network. Use of Materials and Content: Any content or messages that you (User) post, transmit, or otherwise make available for viewing on
public or restricted areas of the Network will be treated as non-confidential
and non-proprietary to you. You understand and agree that any such content, ads
and messages may be used by the Network or our affiliates, without review or
approval by you, for any purpose whatsoever, and in any medium, including any
print media or other operated web sites or media outlets, if any. You grant the
Network (as defined above in "Definitions") the irrevocable right to
use and/or edit your content, ads, postings, photos, video, authored text, messages
("content") and any other content whatsoever, without review or
approval by you, for any purpose whatsoever, including, without limitation,
reproduction, disclosure, transmission, publication, broadcast, posting, sale,
rights transfer and advertising in any media in perpetuity without notice or
compensation to you. You specifically herein, by your participation in the
Network, grant the Network(as defined above in
"Definitions"), full and unrestricted perpetual license indefinitely
to use the defined material (content) at its discretion at any time. These license rights are, additionally,
transferable and/or saleable at the discretion of the Network at any time and
for any reason. just as if the Network were the copyright holder themselves. User
warrants, by submission of any content (otherwise defined in this paragraph) to
the Network, that they have the full legal rights to all content submitted
under the terms of this paragraph and that by completing said submission it
shall not infringe upon any other party's rights to the content by copyright,
license or otherwise. In the event
of an inappropriate (unauthorized, illegal) submission of content to the
Network, the User accepts full and perpetually binding liability for all
damages incurred by any party as a result of the inappropriate submission
including, but not limited to, the Network and infringed party. Any changes to this agreement for use of
material must be expressly agreed to in writing by both parties. Termination of Access: The Network has the right to terminate your
access for any reason if we believe you have violated these Terms in any
manner. You agree not to hold the Network liable for such termination, and
further agree not to attempt to use the Network after termination. No Third Party Beneficiaries: You agree that, except as otherwise provided in
this Terms of Use, there shall be no third party beneficiaries to these Terms. Copyright and Trademarks: All materials on the Network, including without
limitation, logos, images, text, illustrations, audio
and video files are protected by copyrights, trademarks, service marks, or
other proprietary rights which are either owned by or licensed to the Network
or owned by other parties who have posted on the Network. Materials from the Network
and from any other web Network owned, operated, controlled, or licensed by the Network
may not be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way. In posting content on the Network, you grant the
Network, and its owners and licensees, the right to use, reproduce, distribute,
translate, modify, adapt, publicly perform, publicly display, archive and
create derivative works from the posted content without recourse and for an
indefinite period of time. Notification of Infringement If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide the following information
to the Network’s Copyright Agent: 1. An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest; 2. A description of the copyrighted work or
other intellectual property that you claim has been infringed; 3. A description of where the material that you
claim is infringing is located on the Network; 4. Your name, address, telephone number and
e-mail address; 5. A signed statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; and 6. A statement by you, made under penalty of
perjury, that the information provided in your Notice is accurate and that you
are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf. Our copyright agent can be reached as follows: Email: manager@usa-afterdark.com
(Please put "Copyright Infringement" in the subject line) The Network may, under appropriate circumstances
and at our own discretion, disable and/or terminate the accounts of users who
may be offenders. Privacy Policy: The Network has created a Privacy Policy setting
forth how information collected about you is collected, used and stored. Your
use of the Network constitutes acknowledgment and agreement with our privacy
policy. You further acknowledge and agree that The Network may use your
personal information in the manner described in our Privacy Policy (below) Posting of Material, Content or Advertising: You understand that each time you post content
on this Network or otherwise use the Network, you agree to these Terms. By
agreeing to these Terms, you acknowledge that the Network may send you e-mail
messages telling you about products and services offered by the Network (or its
affiliates and partners) You understand and agree that such communications are
part and parcel of your use of the Network; if you do not wish to receive
further communications from the Network (or its affiliates and partners), you
must opt-out by sending a cancellation notice to manager@>usa-afterdark.com. Links: The Network has no control over and is not
responsible for the content of or claims made on the Network that may be linked
to or from the Network, whether or not they may be affiliated with the Network.
Any web sites linked to or from the Network are for your convenience only, and
you access them at your own risk. Fees: The Network may impose a fee on the posting of
Content in certain areas of the Network (web sites). Users uploading Content to
fee-based areas are responsible for such Content and for compliance with these
Terms. Under no circumstances will the Network provide a refund in the event
that Content is removed from fee-based areas for violation of these Terms or
any other discretionary decision of the Network. Release: The Network assumes no responsibility for the
accuracy, currency, completeness or usefulness of information, views, opinions
or advice in any material contained on the Network. In addition, it does not
endorse any opinions or recommendations posted by others. Any information
posted on the Network is the responsibility of the person or persons posting
the message. Any user who violates the Terms may be permanently banned from
posting ads or using the Network. You understand that all postings, ads,
messages, advertisements, photos, sounds, images, text, files, video or other
materials (collectively "Content") posted on, transmitted through, or
linked from the Network, are solely the responsibility of the person from whom
such Content originated. You understand that the Network does not control, and
is not responsible for Content available on the Network. You agree that the Network
does not pre-screen, monitor or approve any Content, but that the Network shall
have the right, but not the obligation to remove, move (including moving an ad
or posting to another section or category within the classifieds), refuse, edit
or delete any Content for any reason whatsoever. The Network shall not be
responsible for any interaction between you and the other users of the Network.
Your dealings with others through the Network are solely between you and such
other parties. Under no circumstances will the Network be liable for any goods,
services, resources or content available through such third party dealings or
communications, or for any harm related thereto. The Network is under no
obligation to become involved in any disputes between you and other users of
the Network or between you and any other third parties. You agree that our service is a venue for
posters and users of the Network. In the event that you have a dispute with any
user of the Network, you agree that the Network is under no obligation to
become involved. You further agree to release the Network from any and all
claims, demands, and damages arising out of or in connection with such dispute. You are entirely responsible and liable for any
ad content you post or any ad that is posted through your Account. The Network does not offer any refunds for the
early cancellation of paid sponsor ads or paid print ads. We do not issue
credits or refunds due to our extremely low rates and minimal administrative
staff. You acknowledge, consent and agree that the Network
may access, preserve and disclose your account information and Content you
upload, post, or otherwise make available on the Network if required to do so
by law or in a good faith belief that such access, preservation or disclosure
is reasonably necessary to: (i) comply with legal
process; (ii) comply with legal requirements imposed by Federal, State or Local
law or authorities (iii) enforce these Terms; (iv) respond to claims that any
Content violates the rights of third parties; (v) respond to your requests for
customer service; or (vi) protect the rights, property or personal safety of
the Network, its users and the public. Disclaimer of Warranties for Network: YOU EXPRESSLY AGREE THAT USE OF THE NETWORK IS
AT YOUR OWN RISK. THE NETWORK SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON
WITHIN ITS WEB SITES OR MEDIA. THE NETWORK 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, TITLE
AND NON-INFRINGEMENT. THE NETWORK MAKES NO WARRANTY THAT ITS
CONTENT OR USE OF THE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT
DEFECT OR ERROR FREE. THE NETWORK IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL,
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB NETWORK
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY PERSONAL DAMAGES AND/OR DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. This web site is intended for ADULTS ONLY. Use of this website by users UNDER
THE AGE OF 18 YEARS IS EXPRESSLY FORBIDDEN. It is expressly disclosed that this web site
(AKA the "Network") is for entertainment purposes ONLY and
that some or all of the content contained within this website may or may not be
fictitious, false or misrepresented for the purposes of entertainment value -
or because it is beyond the ability or control of the Network to verify. The Network cannot and does not verify
any third party posted content, advertising, etc. to be true or accurately
represented. The operators of the
Network DO NOT warrant ANY information posted or contained within this web
site(s) to be true or accurate. The
user(s) of this website use and make any assumptions AT THEIR OWN RISK,
herein forewarned, and hold the operators of this website, it's sponsors,
officers, employees, contractors, affiliates and other users (also the
"Network") entirely harmless of any liability whatsoever in any event
or occurrence. Limitation of Liability: The information, services and products available
to you on this Network may contain errors and are subject to periods of
interruption. While the Network does its best to maintain the information,
services and products it offers on the Network, it cannot be held responsible
for any errors, defects, lost profits or other consequential damages arising
from the use of the Network. IN NO EVENT SHALL THE NETWORK OR ITS AFFILIATES,
OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS,
SUPPLIERS, OR PARTNERS (COLLECTIVELY "INDEMNIFIED PARTIES") BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM
OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF
(OR INABILITY TO USE), OR PERFORMANCE OF THIS NETWORK, (ii) ANY INFORMATION,
SERVICES OR PRODUCTS PROVIDED THROUGH THIS NETWORK, OR (iii) ANY INTERACTION
BETWEEN YOU AND OTHER PARTICIPANTS OF THE NETWORK, EVEN IF ANY OF THE
INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU
ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS
THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY
PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE
OF PASSWORDS TO THIRD PARTIES. BY USING THE NETWORK, YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY
REGARDING YOUR USE OF THE NETWORK OR PARTICIPATION IN ANY NETWORK'S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE NETWORK, OR ANY
PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND
EXCLUSIVE REMEDY SHALL BE TO STOP USING THE NETWORK. Indemnity: You agree to indemnify and hold harmless the
Indemnified Parties from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of the Network,
the violation of these Terms by you, or the infringement by you, or other users
of the Network using your computer, of any intellectual property or other right
of any person or entity. The Network reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you. Jurisdiction and Choice of Law: These Terms shall be governed by, construed and
enforced in accordance with the laws of the State of General: These Terms constitute the entire agreement
between you and the Network and govern your use of the Network, superseding any
prior agreements between you and the Network. You also may be subject to
additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software, or visit another Network linked to
by this Network. The section titles in these Terms are for convenience only and
have no legal or contractual effect. Violations: Please report any violations of these Terms to: manager@usa-afterdark.com Severance and Waiver: You acknowledge and agree that if any provision
of these Terms shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Terms and shall not affect
the validity and enforceability of any remaining provisions. Furthermore, if
any provision of these Terms is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision. The
Network's failure to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by the Network. Privacy Policy
The After Dark Network ("ADN" or
"Network") respects your privacy. Here is our Privacy Policy for the
Network: Acceptance of the ADN Privacy Policy Each time you access, use, post, submit a post
or reply, or browse the Network, you signify your acceptance of the
then-current Privacy Policy. If you do not accept this Privacy Policy,
you are not authorized to use the Network and must discontinue use of the
Network immediately. Collection and Use of Personal
Information §
Provide superior services; §
Keep you apprised of information and
developments that you may find of interest; §
Alert you to new features, terms,
content, products or services of the Network, its affiliates, sponsors and/or
third party marketers; §
Contact you regarding your posts,
replies, content and/or account information; §
Process and respond to your
inquires; §
Improve the Network; §
Administer, monitor and control use
of the Network, including posts, replies, and account information; and §
Enforce the Terms of Use (collectively,
the “Activities”). You
authorize the Network to transmit email to you to respond to your
communications and administer Activities. Disclosure of Personal Information to
Third Parties Collection of Your IP Address
When
contacting us, please indicate your name, address, email address, and what
personal information you do not want us to share with third parties for their
direct marketing purposes. There is no charge for this request. Minors |