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1. ACCEPTANCE OF TERMS
DollFan, comprised of the internet site, doll-fan.com, provides the information and services on to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of DollFan constitutes agreement with such Terms.
Before using DollFan, please carefully read this agreement relating to your use of doll-fan.com. By using DollFan, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use DollFan.
DollFan reserves the right, at DollFan's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, DollFan intends to provide users with up to fourteen days of advance notice). Your continued use of DollFan following the posting of changes to these Terms will mean that you accept those changes.
Use of DollFan constitutes full acceptance of and agreement to the Terms; if a user does not accept DollFan's Terms, he or she is not granted rights to use DollFan as defined herein, and should refrain from accessing DollFan.
DollFan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, DollFan(or any part thereof). DollFan shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. REGISTRATION OBLIGATIONS
When requested, each DollFan user must: (1) personally provide true, accurate, current and complete information on the DollFan registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, DollFan has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, DollFan may suspend, ban, or terminate that user's account and prohibit any and all current or future use of DollFan(or any portion thereof) by that user other than as expressly provided herein
Each user will receive passwords and account designations upon completing certain DollFan registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder.
DollFan cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 2, including any loss or damage arising from any user's failure to: (1) immediately notify DollFan of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
3. YOUR MEMBERSHIP ACCOUNT
If you use this site as a registered member, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DollFan and its associates reserve the right to refuse service, terminate accounts, remove or edit content in their sole discretion.
4. SUBSCRIPTION OBLIGATIONS
DollFan offers some services for a fee which are Subscription based. A Subscription constitutes payment for a service which grants the Subscriber use of the service for the length of the Subscription afterwhich a renewal of the Subscription is required by the Subscriber in order to continue to use such services.
DollFan is not obliged to offer Subscription payment methods such as PayPal, credit card, check, money order, etc., requested by any user of DollFan and at DollFan's discretion can discontinue the use of any Subscription payment method.
A Subscribers cancellation of a Subscription to DollFan services does not necessarily constitute an immediate end to the use of such services where a cancelled Subscription only implies that a renewal of the Subscription will not occur on the Subscription renewal date.
DollFan at it's own discretion may cancel an individuals Subscription made with any payment method at any time.
PayPal Specific Subscriptions
DollFan currently uses PayPal as it's main method of accepting Subscription payments. The Subscriber using PayPal is responsible for any activity within their own PayPal account in accordance with the acceptable use of PayPal.
A PayPal Subscriber is responsible for the cancellation of their Subscription if DollFan services are no longer to be used. DollFan is not obliged to cancel a PayPal Subscription on behalf of the user and encourages all PayPal Subscribers to be responsible for all activity within their own PayPal account. DollFan at it's own discretion may cancel a PayPal Subscription at any time.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
6. ELECTRONIC COMMUNICATIONS
When you visit DollFan or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically and DollFan reserves the right to reproduce, adapt, publish, translate, distribute, and display such communications throughout the world in any media. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. REVIEWS, COMMENTS, EMAILS AND OTHER CONTENT
Registered users may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ":spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a post or other content. DollFan reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant DollFan and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DollFan and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify DollFan or its associates for all claims resulting from content you supply. DollFan has the right but not the obligation to monitor and edit or remove any activity or content. DollFan takes no responsibility and assumes no liability for any content posted by you or any third party.
DollFan may terminate a user's account in DollFan's absolute discretion and for any reason. DollFan is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of DollFan in a manner inconsistent with the Purpose; (4) a user's request for such termination; (5) threatening legal action; or (6) as required by law, regulation, court or governing agency order.
DollFan's termination of any user's access to any or all DollFan may be effected without notice and, on such termination, DollFan may immediately deactivate or delete user's account and/or bar any further access to such files. DollFan shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. DollFan reserves the right to delete, or not delete, a user's account at DollFan's sole discretion, as well as to delete, or not delete, content at DollFan's sole discretion.
DollFan is not obliged to refund to terminated users who have Subscribed to any of DollFans services via section 3 any monies paid to DollFan for the use of such services. DollFan will, at Dollfan's discretion, practice refunds on a case-by-case basis.
DollFan is a moderated forum. While the administration and those who moderate the forums cannot be responsible for the activity of DollFans individual users, we can and will remove and edit what we deem hurtful to the community at large. In no way is a moderator to be publically questioned or told how to perform their function and doing so will lead to warnings or termination of account.
DollFan or a third party may provide links to other websites. DollFan exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. DollFan shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The DollFans' Privacy Statement is applicable only when you are on the DollFan site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY DollFan ON AN ":AS IS": AND ":AS AVAILABLE": BASIS. DollFan MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DollFan DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DollFan DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DollFan ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DollFan WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. APPLICABLE LAW
By visiting DollFan, you agree that the laws of the state of Idaho, U.S., without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DollFan or its associates.
Any dispute relating in any way to your visit to DollFan or to products you purchase through DollFan shall be submitted to confidential arbitration in Idaho, U.S., except that, to the extent you have in any manner violated or threatened to violate DollFan intellectual property rights, DollFan may seek injunctive or other appropriate relief in any state or federal court in the state of Idaho, U.S., and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
DollFan respects the intellectual property rights of others, and requires that the people who use DollFan do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit DollFan to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) 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;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If DollFan receives such a claim, DollFan reserves the right to refuse or delete Content as described under Section 7 hereto, or to terminate a user's account in accordance with Section 8.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
1107 E Pisa St
Meridian, ID 83642
After receiving a claim of infringement, DollFan will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, DollFan will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. DollFan will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, DollFan will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, DollFan will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless DollFan's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the DollFan system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in whichDollFan may be found and that you will accept service of process from the person who provided the initial notification of infringement.
14. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and DollFan and govern each user's use of DollFan, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and DollFan shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Ada County, Idaho. 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.
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