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Terms and Conditions Regarding the Use of PinUpFans.com.
As this site continues to grow, we at PinUpFans.com are striving
to preserve the integrity of the site for the use of its members
and frequent site visitors. What follows is a list of Terms and
Conditions which, if followed, will help keep the PinUpFans.com
web site on track for the years ahead. Please review each item below
very carefully before you Agree or Disagree with these Terms and
Conditions. If you decide to Agree with it, please be a good steward
to the site and follow these guidelines and let us know when you
feel our site is being misused. PinUpFans.com reserves the right
to update the Terms and Conditions at any time without notice to
you. The most current version of the Terms and Conditions can be
reviewed by clicking on the "Terms and Conditions" hypertext
link located at the bottom of our home web page. If you have any
questions or concerns regarding this outline before making a decision,
please contact Our Staff.
- Age Limit -- This web site is primarily intended for
the use and enjoyment of persons who are at least 18 years old.
This web site does not market to or contain information specifically
intended for children less than 13 years old. Persons below 18
years of age may visit the unrestricted area of the web site,
but are not authorized to register for a user name for this site.
- Collectibles posted to the site should be Pin-Up or Illustration Art related
- Although many Pin-Up collectors also collect other types
of collectibles, we insist that the items posted to this site
be restricted to Pin-Up and Illustration Art collectibles only. PinUpFans.com
reserves the right to remove any item that doesn't match this
criteria. A warning, alert, or announcement may be issued to the
Galleries Owner, though this may not be always possible.
- You Must Own or have created the Items You Post to Your Galleries - As a
Galleries Owner, you can only post the images of an item you created or are in the owner of.
Galleries Owners should not post scans or photos of
items that they wish to own, or appreciate. With this in mind,
we also feel you should adhere to these best practices when managing
your Galleries:
- Galleries Owners should exercise responsible Galleries maintenance
and remove items from their Galleries when they no longer possess
an item.
- Copyright infringement claims must follow the PinUpFans.com
Copyright Notice and Infringement
Claims Process. Upon receiving a notice of copyright infringement,
PinUpFans is required by law to remove the allegedly infringing
material or disable access to the material. As appropriate,
copyright infringement will also result in the termination
of the infringer's accounts and access. Material determined
to be non-infringing will be restored to the web site. PinUpFans
is not responsible for any damages or losses associated with
the suspension of access or removal of allegedly infringing
material as the result of an infringement claim. All subscribers
must read and agree to follow the Copyright
Notice and Infringement Claims Process.
- Posting Photographs - Photographs are allowed to be posted
to a PinUpFans.com Galleries if they are related to the hobby.
We encourage all Galleries Owners to take digital pictures at Conventions
and Shows you attend. You may not post photographs that you have
not taken yourself. PinUpFans.com reserves the right to remove
photographs from the web site that do not contribute to the community.
A warning, alert, or announcement may be issued to the Galleries
Owner, though this may not be always possible.
- Photographs and Artwork Contain Nudity - Child pornography is not permitted
under any circumstances. In addition, photographs showing the genital region
are not permitted. Pinupcartfans.com is viewed by many types of people in
varying situations - Individuals at work, or young children at home, for
example. Because of this, a strict policy of restricting access to Gallery
Rooms containing nudity must be enforced. If you are posting photography or
artwork with any kind of nudity we feel you should "Lock" your Gallery Room
from view (click the 'Edit Room Description/Details' link when in the My
Gallery editing area and check the Restricted box.). When a Gallery Room is
"Restricted", another site visitor must log into their valid Pinupfans.com
Account in order to view the artwork in that Room. Gallery Rooms containing
tasteful nudity do not necessarily need to be locked down, but the Room MUST
contain a "***Nudity Warning***" in the title. This policy should also be
followed with Rooms that are locked. When your artwork is posted to this site
to share with other fans, Pinupfans.com becomes the final arbiter as to
whether or not your work is in good taste or not. Pinupfans.com reserves
the right to "Restrict" a Gallery Room when it seems appropriate, or delete
a Room in its entirety when necessary. A warning, alert, or announcement may
be issued to the Gallery Owner, though this may not be always possible.
- PinUpFans.com is Not Responsible for Transactions Which
Occur as a Result of Collectibles Posted to the Web Site -
Very often, Galleries Owners will have collectibles for sale on
the PinUpFans.com web site. When a Galleries Owner uses PinUpFans.com
to market the item(s) they have for sale - and sells an item to
another collector or site visitor - PinUpFans.com is not responsible
in any way for a successful transaction to occur. If a Site Visitor
uses the PinUpFans.com For Sale Search to locate and purchase
a Pin-Up collectible, PinUpFans.com is not responsible
in any way for the transaction to be successful. Please do not
ask PinUpFans.com to help you moderate a transaction or disagreement
that might occur - we wont.
- Disclaimer -- The PinUpFans.com site is provided
on an "as is" basis without warranties of any kind,
either express or implied, constructive, or statutory, including,
but not limited to, warranties of title or implied warranties
of merchantability or fitness for a particular purpose, non-infringement,
or any other implied warranties arising out of course of performance,
dealing and/or trade usage. PinUpFans.com does not guarantee
or warrant continuous, uninterrupted or error-free access or usage,
or that defects will be corrected, or that this web site or the
server that makes it available are free of viruses or other harmful
components. Some states do not allow the disclaimer of implied
warranties so the foregoing disclaimer may not be applicable in
full. This section will be allowable to the maximum extent allowed
by applicable law.
PinUpFans.com does not make any warranty, whether express
or implied, or make any representations regarding any content,
information, services, or products obtained or provided through
or in conjunction with PinUpFans.com. Neither PinUpFans.com,
third party information providers, or other content partners make
any guarantee regarding the accuracy, correctness, timeliness,
sequence, reliability, or completeness of any information or content
provided by PinUpFans.com. Additionally, there are no warranties
as to the results obtained from the use of the information. Any
material downloaded or otherwise obtained through the use of PinUpFans.com
is downloaded at the user's own risk.
The user will be solely responsible for, and assumes the entire
cost of, all necessary servicing, repair, or correction in the
event of any damage or loss due to content, downloads or any other
material or information the user obtains from PinUpFans.com.
- Limitation of liability -- Under no circumstances and
in no event shall PinUpFans.com, its information providers,
or content partners, or their respective employees, representatives,
agents or licensors (collectively, "the PinUpFans.com
parties"), be liable, regardless of the cause or duration,
for any errors, inaccuracies, omissions, or other defects in,
or untimeliness or absence of authenticity of, the information
contained within the PinUpFans.com web site, or for any delay
or interruption in the transmission thereof to the user, or for
any claims or losses arising therefrom or occasioned thereby.
Under no circumstances and in no event shall PinUpFans.com
or any of the parties be liable for any direct, indirect, incidental,
special, consequential, punitive, or exemplary damages arising
out of or relating to this agreement and/or use of, or inability
to use, the PinUpFans.com web site, or the claims of third
parties, including users, however caused, under any legal theory
(whether in contract, tort, negligence, strict liability or otherwise),
even if any PinUpFans.com party has been advised of (or if
any PinUpFans.com party is aware of or should have been aware
of) the possibility of such damages. In addition, under no circumstances
and in no event will the aggregate liability of all PinUpFans.com
parties arising out of or relating to this agreement and/or relating
to use of, or inability to use, the PinUpFans.com web site,
under any legal theory, exceed the amount paid by the user, if
any, to access the PinUpFans.com web site.
- Indemnification -- User agrees to indemnify and hold
harmless, and at PinUpFans.com request, defend the PinUpFans.com
parties and their respective parents, subsidiaries, affiliates,
partners, agents, employees, directors, officers, shareholders,
members, and other owners, from and against any and all claims,
actions, demands, liabilities, losses, damages, judgments, penalties,
settlements, costs and expenses (including reasonable attorney's
fees and costs) (hereinafter referred to as "losses")
insofar as such losses (or actions in respect thereof) arise out
of, are based on, or relate to: (i) your use of the PinUpFans.com
web site; or (ii) any misrepresentation of any information, representation
or warranty, or breach of this agreement or any other covenant
or agreement.
If any third party brings a claim, lawsuit, or other proceeding(s)
against any PinUpFans.com party based on user's conduct or
use of PinUpFans.com's web site or services, user agrees to
compensate all PinUpFans.com parties (including their respective
officers, directors, employees and agents) for any and all losses
in connection with any such claim, lawsuit or proceeding.
- Governing law -- The formation, construction and interpretation
of this agreement shall in all respects be governed by and construed
in accordance with the laws of the United States and the State
of Ohio, U.S.A., as such law applies to agreements between Ohio
residents entered into and wholly performed within Ohio, without
giving effect to any principles of conflicts of laws. This agreement
shall not be governed by the United Nations Conventions of Contracts
for the International Sale of Goods, the application of which
is hereby expressly excluded from any interpretation of this agreement.
By using this site, you hereby consent to the exclusive personal
jurisdiction and venue of the state and federal court of the State
of Ohio, U.S.A. it is hereby agreed that any action at law or
in equity arising under this agreement and/or your use of the
PinUpFans.com web site shall be finally adjudicated or determined
in any court or courts of the State of Ohio or of the United States
of America, in Summit County, Ohio, and the parties hereto hereby
submit generally and unconditionally to the personal and exclusive
jurisdiction and venue of these courts in respect to any such
matter and consent to service of process by any means authorized
by Ohio law.
- Acceptance - Your use of PinUpFans.com constitutes
acceptance of this agreement. You hereby waive any and all defenses
you may have based on the electronic form of this agreement and
lack of signing or other form of electronic execution by the parties
hereto. You agree to abide by the terms and conditions of this
agreement and any additional terms, conditions, rules or procedures
imposed by PinUpFans.com or by third party content providers
in connection with third-party content, software or services available
on, through or in connection with PinUpFans.com.
Sign up here to be able to post your military collectibles on this
site in your own Galleries. By completing the following form you
agree to ahere to Terms and Conditions of this web site. After you
complete this form an email will be sent immediately to you
with your login information.
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