|Thursday, 19 August 2004 20:11|
TERMS AND CONDITIONS
This agreement represents the complete agreement and understandings between AndysBestSites.com, and the group of sites belonging to AndysBestSites.com, including but not limited to, AndysPhotoPost.com, KubasPicks.com, MaxBoys.com, CellPhoneBoys.com, KubasPicks.com, and RobbiesBoys.com (and any others added to this group) (hereinafter "ABS" or "andysbestsites.com" or "the Service"), its owners, and managers, and YOU (the individual accessing the AndysBestSites website and its services (hereinafter "User"). This agreement supersedes all other written and oral agreements. The Terms and Conditions of Use ("TOS") may be modified by ABS by notice published on-line at: http://www.AndysBestSites.com/
ABS reserves the right to change or discontinue any or all services offered without notice.
If you do not agree to the following terms and conditions of use, please exit the site immediately and notify us via our support page so that your account, if any, may be terminated. Failure to so notify ABS and the use of any ABS services and access to the site shall constitute your agreement to these terms and conditions of use. Violation of the Terms and Conditions of Use may result in the termination of your account, if any, and the permanent blocking of your access to the ABS website and any associated services.
The contents of any files, images, or other materials accessed by the User through ABS do not necessarily reflect the views or opinions of ABS. No inference regarding sexual orientation or sexual activity may be made from the appearance of any person and/or model in any image obtained through this service.
1. Certain material available on the Internet through ABS may not be suitable for individuals under the age of 18 (21 in some areas). ALL INDIVIDUALS ACCESSING ABS REPRESENT TO ABS THAT THEY ARE OF LEGAL AGE IN THEIR AREA TO ACCESS SEXUALLY EXPLICIT MATERIAL, AND THAT DOING SO DOES NOT CONFLICT WITH THEIR COMMUNITY'S STANDARDS.
2. The User understands that the Internet contains unedited materials - some of which may be sexually explicit and may be offensive to some persons. The User agrees that access to the Internet through ABS is at the User's own risk. ABSexerts no control over such materials and accepts no responsibility for the User's access to such materials.
3. The User understands and agrees that information transmitted through ABS and through the Internet in general is not confidential. ABS explicitly does not guarantee privacy or guarantee the protection of the User's privacy. ABS explicitly reserves the right to monitor the User's transmissions and use of ABS services when deemed necessary at ABS's sole discretion to provide proper service and/or to protect the User, other users, and/or the Service. ABS will refuse to disclose ANY information regarding the User unless otherwise required by order of a court of competent jurisdiction, a subpoena properly issued by a court of competent jurisdiction, or upon the advice of our Legal Counsel.
4. Use of any information obtained via ABS is at your own risk. Neither ABS nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does ABS or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, either expressed or implied including but not limited to warranties of title or warranties of merchantability or fitness for a particular purpose or use.
ABS, its employees, contractors, licensees, agents, and employees disclaim and disavow any and all liability for any indirect, incidental, special, and/or consequential damages which may arise from the access or use of the service, and from the User's inability to access or use the service, including without limitation, any failure of performance, error, omission. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of ABS, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
5. The User hereby agrees and does so indemnify and hold harmless ABS, its members, affiliates, directors, shareholders, managers, officers, agents, employees, and other users from any and all claims, damages, expenses (including legal fees) and liabilities that may result from any and all use of the User's account whether authorized or not authorized.
6. ABS INTERNET SITES, REFERENTS, AND CONNECTIONS AND ALL OTHER SERVICES PROVIDED BY ABS TO USER MAY BE USED ONLY FOR LAWFUL PURPOSES. Transmission and/or storage of any information, data, images, or other materials in violation of any United States law or by-law is prohibited, including, without limitation, any information, data, images, or other materials protected by United States or other national copyright law, trade secrets, registered trademark and/or service mark, or material judged in a court of competent jurisdiction to be threatening or obscene. The User hereby agrees and does so indemnify and hold harmless ABS, its members, affiliates, directors, shareholders, managers, officers, agents, employees, from any and all claims, damages, expenses (including legal fees) and liabilities that may result from the access and use of the service by the User which damages the User or another party.
7. ABS services SHALL NOT be utilized to send unsolicited advertising or promotional materials to other network users. Electronic mail and appropriate USENET newsgroups may be used in the conduct of legitimate businesses. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and ABS will not be tolerated. When ABS becomes aware of possible violations, we will initiate an investigation. As part of the investigation, and in order to prevent suspected unauthorised or illegal activity, ABS reserves the right to unilaterally suspend a User's access (with or without notice) to the service. Confirmation of violations may result in cancellation of the individual account and/or prosecution. The account suspension may be rescinded at the discretion of ABS.
THE USE OF WEB-BOTS, SPIDERS, OR SIMILAR SOFTWARE TO AUTOMATICALLY DOWNLOAD FILES FROM ANY AREA OF THE WEBSITE IS NOT ALLOWED. USERS WHO VIOLATE THIS POLICY WILL BE SUBJECT TO ACCOUNT TERMINATION AND PERMANENT BARRING FROM THE ABS SITE AND ITS SERVICES.
8. Use of the ABS website or your account, if any, to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. The User assumes all responsibility for knowledge and/or application of regulations and policies of any and all networks, systems, and services accessed through the ABS website.
9. These Terms and Conditions of Use and Service are subject to and are entered into subject to the laws of the United States. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of ABS shall continue in force even in the event of termination of these Terms and Conditions on other grounds. ABS's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
10. By the accessing the ABS website, its services or by use of any associated account the User accepts the terms and conditions set forth in this agreement.
COPYRIGHT & CERTIFICATE OF COMPLIANCE
These web pages are published and maintained by ABS - we are not the primary producers of any visual content contained on the ABS website (defined as photos, videos and other graphical representations such as cartoons or anime) whether sexually explicit or not - such material is used with permission from the original producers or those licensed to distribute said materials. For Custodian of Records information, please visit the originating website - in such cases where the originating website is not clearly discernable, please contact us via our support page - we will disclose the origin of the visual content in question - official inquiries only. Some of the material shown here is in the public domain and was obtained from public internet sources.
All contents Copyright © 2004-2012 AndysBestSites™.
Nothing may be reproduced/reprinted in whole or in part without written permission from ABS. The reposting or retransmission of any graphical materials on these web pages to other websites or bulletin board systems is strictly prohibited. All photos are posed by models over the age of 18 at the time of photography. Please see our 18 USC 2257 compliance statement for further details.
WARNING: The contents of these pages are for adults only and must not be viewed or possessed by minors.
As required by 18 USC ss 2252A and with respect to any graphical materials on these web pages, any performer who appears to be engaged in actual or simulated "sexually explicit conduct," as that term is defined in 18 USC ss 2256 was at least 18 years of age at the time of the photography.