1. Acceptance Of Terms
Welcome to the Perfect 10 Website, a service provided by Perfect 10. Perfect 10 provides this service to you, subject to the following Terms of Service ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at this Website. Your continued use of the Service (as defined below) indicates your acceptance of the then-current Terms. In addition, when using other Perfect 10 services, you and Perfect 10 shall be subject to the then-current posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.
2. Description Of Service
Perfect 10 currently provides users with access to on-line resources, including, various products and services ("Service"). You understand and agree that the Service is provided "AS-IS" for the provision of the Service, including, without limitation, the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any applicable service fees associated with such access.
3. Your Registration Obligations
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Perfect 10 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Perfect 10 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Your provision of Registration Data and certain other information is subject to our
5. Member Account, Password and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Perfect 10 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You agree that you are responsible for setting up users and restricting access to your information as necessary for your organization. Perfect 10 cannot and will not be liable for any loss or damage arising from your failure to comply with this section 5.
6. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Perfect 10, are entirely responsible for all Content that you upload, email or otherwise transmit via the Service and the Site. Perfect 10 does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Perfect 10 be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage, financial, intangible, or otherwise, of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
(a) upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, indecent, obscene, libelous, violative of another's rights or privacy or publicity, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Perfect 10 official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate or misrepresent identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(g) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
(h) upload, post, email or otherwise transmit any harmful material that contains, without limitation, software viruses, time bombs, Easter eggs, other disabling devices, 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service, Perfect 10, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Perfect 10;
(k) intentionally or unintentionally violate any applicable local, state, federal or international law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission or any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another; or
(m) collect or store personal data about other users.
You acknowledge that Perfect 10 does not pre-screen Content, but that Perfect 10 and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service for any reason. Without limiting the foregoing, Perfect 10 and its designees shall have the right (but not the obligation) to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Despite Perfect 10's efforts to provide useful and accurate Content via the Service, errors or other inaccuracies may occur from time to time. Before acting on information found through the Service, users should confirm any Content that is important to any such decision. In this regard, you acknowledge that you may not rely on any Content created by Perfect 10 or submitted to Perfect 10, including without limitation information in all other parts of the Service. If you intend to use the Service in relation to any financial transactions, please review Section 20 hereof carefully.
You acknowledge and agree that Perfect 10 may preserve Content and may also disclose Content if required to do so by law or if, in its business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Perfect 10, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Special Admonitions For International User
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. Public Content Posted to Perfect 10 Website
(a) For purposes of the Terms, "publicly accessible areas of the Service" shall mean those areas accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of the Service, you grant Perfect 10 the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service for the purpose of displaying, distributing and promoting the specific service to which such Content was submitted, or, in the case of photos or graphics, for the purpose for which such photo or graphic was submitted to the Service. You also grant Perfect 10 the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Perfect 10 and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
10. No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including, without limitation, the Content (or any portion thereof), use of the Service, or access to the Service.
11. General Practices Regarding Use And Storage
You acknowledge that Perfect 10 may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Perfect 10's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Perfect 10 has no responsibility or liability for the deletion of failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Perfect 10 reserves the right to deactivate user accounts that are inactive for a extended period of time. You further acknowledge that Perfect 10 reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. Modifications To Service
Perfect 10 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Perfect 10 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Perfect 10, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Perfect 10 believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Perfect 10 may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Perfect 10 may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Perfect 10 shall not be liable to you or any third-party for any termination of your access to the Service.
14. Dealings With Advertisers
Your correspondence, relationship, or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Perfect 10 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Websites or resources. Because Perfect 10 has no control over such sites and resources, you acknowledge and agree that Perfect 10 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, including, without limitation, Content, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that Perfect 10 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, Content, advertising, products, materials, goods or services available on or through any such site or resource.
16. Perfect 10's Proprietary Rights
You acknowledge and agree that the Service and any software used in connection with the Service ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Perfect 10 or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Perfect 10 grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use non-authorized modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Perfect 10 for use in accessing the Service.
17. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Perfect 10 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 AND NON-INFRINGEMENT.
(b) PERFECT 10 MAKES NO WARRANTY THAT:
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERFECT 10 OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms.
18. Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERFECT 10 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PERFECT 10 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. Special Admonition For Services Relating To Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments, securities, or other financial information please read the above Sections 17 and 18 carefully. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Despite Perfect 10's efforts to provide useful and accurate Content via the Service, errors or other inaccuracies may occur from time to time. Before acting on information found through the Service, users should confirm any Content that is important to any such decision. Perfect 10 shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
22. Trademark Information
Perfect 10 and the Perfect 10 logos trademarks, service marks, product and service names, and other corporate indicia, (the "Perfect 10 Marks") are the property of Perfect 10. Without Perfect 10's prior permission, you agree not to display or use in any manner, the Perfect 10 Marks.
23. Copyrights And Copyright Agents
Perfect 10 respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been used by Perfect 10 in a way that violates your proprietary rights, please provide Perfect 10's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been violated; a description of where the claimed violative material is located on the Service; your address, telephone number, and email address; a 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Pages throughout the Perfect-10.tv website feature links to other sites, some of which are operated by companies unrelated to Perfect 10. Perfect 10 has no control over the content or availability of any linked site. This site may incorporate technology used under license from Orbit Communication Corporation. Perfect 10 expressly disclaims any claim of copyright in the copyrighted materials of others included in this site.
24. General Information
The Terms constitute the entire agreement between you and Perfect 10 and govern your use of the Service, superseding any prior agreements between you and Perfect 10. 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. The Terms and the relationship between you and Perfect 10 shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. You and Perfect 10 agree to submit to the personal and exclusive jurisdiction of the courts located within North Little Rock, Arkansas. The failure of Perfect 10 to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the 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, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
25. Promotions And Advertisements
Promotions, programs, discounts and incentives described in this Site are subject to change in Perfect 10's sole and absolute discretion and Perfect 10 reserves the right to discontinue or modify any such promotion or program without notice to users of this Site. In the event of the discontinuation or modification of any promotion or program and Perfect 10's inadvertent and unintentional oversight in removing or modifying the information, graphics or materials available on this Site with respect to the promotion or discount, Perfect 10 shall have no liability or obligation to any user to honor any discontinued promotion, program, discount, incentive or offer.
Please report any violations to Perfect 10's Webmaster.