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USER AGREEMENT ("Agreement")
Last Updated May1st, 2006
ACCEPTANCE OF TERMS THROUGH USE
By using Straightout.com, you ("User") signify your agreement
to these terms and conditions. If you do not agree to this Agreement
please do not use Straightout.com.
Please check this Agreement periodically for changes as the owner of
this site, Straightout.com, reserves the right to revise this Agreement
and your continued use of Straightout.com following the posting of any
changes to the Agreement constitutes acceptance of such changes. This
Agreement applies to licensors and advertisers as well.
If you are easily offended, or are accessing Straightout.com from any
country where material on Straightout.com is prohibited or illegal,
please leave now as you do not have permission to access Straightout.com.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, Straight Out Productions hereby
grants you a non-exclusive, non-transferable limited license to use
Straightout.com in strict accordance with the terms and conditions in
this Agreement and as permitted via instructions on Straightout.com.
You agree not to make any false or fraudulent statements in your use
of or to gain access to Straightout.com. You acknowledge and agree that
all content and services available on Straightout.com are property of
Straight Out Productions and its advertisers and licensors and are protected
by copyrights, moral rights, trademarks, service marks, patents, trade
secrets, and other proprietary rights and laws, in the U.S. and internationally.
All rights not expressly granted herein are fully reserved by Straight
Out Productions, its advertisers and licensors.
LICENSE RESTRICTIONS
Use Except as may be explicitly permitted
through Straightout.com, you agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create
derivative works from materials, code or content on or from Straightout.com.
Systematic retrieval of data or other content from Straightout.com to
create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from Straight Out Productions
is prohibited. In addition, use of the content or materials for any
purpose not expressly permitted in this Agreement is prohibited.
SECURITY
You agree that if you are issued a Username and Password by Straight
Out Productions, you shall use your best efforts to prevent access to
Straightout.com through your Username and Password by anyone other than
yourself, including but not limited to, keeping such information strictly
confidential, notifying Straight Out Productions immediately if you
discover loss or access to such information by another party not under
your control and supervision, and by using a Username and Password not
easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble,
reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via Straightout.com.
You understand that such actions are likely to subject you to serious
civil and criminal legal penalties and that Straight Out Productions
shall pursue such penalties to the full extent of the law to protect
its rights and the rights of its other licensors.
INTERNATIONAL USERS
Accessing Straightout.com, and services, products or contents available
on Straightout.com, except as expressly allowed through instructions
and truthful statements by the User in regard to use of Straightout.com,
from places outside the U.S. or where their contents are illegal, is
prohibited. Those who choose to access this site from other locations
do so knowingly on their own initiative and voluntarily at their own
risk and are responsible for compliance with local laws.
EXPORT
You agree that you shall comply with all applicable export and import
control laws and regulations in your use of Straightout.com, or materials
or services received through Straightout.com, and, in particular, you
shall not export or re-export anything on or received through Straightout.com
in violation of local or foreign export laws and/or without all required
U.S. and foreign government licenses.
TRADEMARKS
Straight Out Productions, licensors' or other third party materials,
services or products referenced on Straightout.com are common law or
registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites
through links or frames from Straightout.com. You are cautioned to read
such sites' Terms and Conditions and/or Privacy Policies before using
such sites in order to be aware of the terms and conditions of your
use of such sites. These sites may contain information or material that
is illegal, unreasonable or that some people may find inappropriate
or offensive. These other sites are not under the control of Straight
Out Productions, are not monitored or reviewed by Straight Out Productions,
and Straight Out Productions is not aware of the contents of such sites.
You acknowledge that Straight Out Productions is not responsible for
the accuracy, copyright compliance, legality, decency, or any other
aspect of the contents or any transmissions received through such sites.
The inclusion of such a link or frame does not imply endorsement of
this site by Straight Out Productions, its advertisers or licensors,
any association with its operators and is provided solely for your convenience.
You agree that Straight Out Productions and its licensors have no liability
whatsoever from such third party sites and your usage of them.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL STRAIGHT OUT PRODUCTIONS, ADVERTISERS AND/OR
ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF
THE USE OF, OR INABILITY TO USE, STRAIGHTOUT.COM, THE INFORMATION CONTAINED
ON OR RECEIVED THROUGH USE OF STRAIGHTOUT.COM, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers,
licensors, subsidiaries and other affiliated companies, and their employees,
contractors, officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use of
Straightout.com, or any services, information or products from this
site, or any violation of this Agreement. The Company reserves the right,
at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you
shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Straight Out Productions may suspend or terminate this Agreement or
User's use immediately upon receipt of any notice which alleges that
User has used Straightout.com for any purpose that violates any local,
state, federal or law of other nations, including but not limited to
the posting of information that may violate third party rights, that
may defame a third party, that may be obscene or pornographic, that
may harass or assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors, contractors or
employees. In such event, Straight Out Productions may disclose the
User's identity and contact information, if requested by a government
or law enforcement body or as a result of a subpoena or other legal
action, and Straight Out Productions shall not be liable for damages
or results thereof and User agrees not to bring any action or claim
against Straight Out Productions for such disclosure.
CHOICE OF LAW AND FORUM
Straightout.com (excluding third party linked sites) is controlled by
Straight Out Productions from its offices within the State of California,
U.S. of America. It can be access from all 50 states as well as from
other countries around the world to the extent permitted by site. As
each of these places has laws that may differ from California, by accessing
Straightout.com, both you and the Straight Out Productions agree that
the statues and laws of California shall apply to any actions or claims
arising out of or in relation to this Agreement or your use of Straightout.com,
without regard to conflicts of laws principles thereof. You and Straight
Out Productions also agree and hereby submit to the filing of any claim
only in the exclusive personal jurisdiction and venue of California
and any legal proceedings shall be conducted in English. The Company
makes no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from territories
where their contents are illegal is prohibited. This Agreement shall
not be governed by the United Nations Convention on Contracts for the
Sale of Goods.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties
related to the subject matter thereof, supersedes any prior or contemporaneous
(oral, written or electronic) agreement between the parties and shall
not be changed except by written agreement signed by an officer of Straight
Out Productions. If any provision of this Agreement is prohibited by
law or held to be unenforceable, the remaining provisions hereof shall
not be affected, and this Agreement as much as possible under applicable
law shall continue in full force and effect as if such unenforceable
provision had never constituted a part hereof and the unenforceable
provision shall be automatically amended so as to best accomplish the
objectives of such unenforceable provision within the limits of applicable
law. User shall not assign or transfer this Agreement and any such transfer
shall be void..
Straight Out Productions (Straightout.com) reserves
the right to revise this User Agreement at its discretion, so check
back from time to time to be sure you are complying with the current
version.
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