TERMS OF USE ("Terms of Use")

 

This is an important document that you really do need to take a look at. It's all about how you can and cannot use CharmingPeople.Net and its services; who owns what and what licenses you are providing CharmingPeople.Net when you post content; and who is accountable, responsible and liable for actions on the site. Please take a few moments and familiarize yourself with these Terms, use the Site and its Services according to these Terms.

 

 

Welcome

Welcome to CharmingPeople.Net!

CharmingPeople.Net (the "Site") is provided to you for your personal entertainment, information, education, and communication through our featured content and interactive functionality available via the Internet (the "CharmingPeople.Net Services").

Please read the Terms of Use carefully. The Terms of Use include our policy for acceptable use of the CharmingPeople.Net Services and content, as well as your rights, obligations and restrictions regarding your use of the CharmingPeople.Net Services. We grant you a limited, revocable, non-exclusive license to access the CharmingPeople.Net Services for your own personal use, subject to the Terms of Use. Use of the CharmingPeople.Net Services beyond the scope of authorized access granted to you terminates this permission.

By accessing the CharmingPeople.Net Services, you accept, without limitation or qualification, the following Terms of Use, our Privacy Policy, and our existing CharmingPeople.Net rules. You are only authorized to use the CharmingPeople.Net Services if you agree to abide by the Terms of Use and all applicable laws. If you do NOT accept the Terms of Use, then please discontinue your use of the Site and the CharmingPeople.Net Services.

We may modify the Terms of Use from time to time and each modification will be effective upon posting on the Site, which serves as notice to you. The Terms of Use constitute the entire agreement regarding your use of the Site or the CharmingPeople.Net Services and supersede any such prior Terms of Use. We will attempt to notify all members of changes to these Terms of Use but are not obligated to do so, as it is important that you review the Terms of Use regularly to ensure you are updated as to any changes made. When changes are made, we will indicate at the bottom of this page the date that revisions were made.

 

 

Content on the Site

You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CharmingPeople.Net, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the CharmingPeople.Net Services. We do not control the Content posted through the CharmingPeople.Net Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the CharmingPeople.Net Services are not necessarily those of CharmingPeople.Net or its owner, content providers, advertisers, sponsors, affiliated or related entities. You understand that by using the CharmingPeople.Net Services you may be exposed to Content that is offensive, indecent or objectionable. You understand that we are not obligated to pre-screen, regularly review, monitor, delete or otherwise change the Content associated with the CharmingPeople.Net Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the CharmingPeople.Net Services.

 

 

Responsibility for Your Content (Member Content)

You are solely responsible for the Content you submit or make available for inclusion through the CharmingPeople.Net Services ("Member Content") and the consequences of posting or publishing it. In connection with Member Content, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize CharmingPeople.Net to use all trademark, copyright or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner intended by the CharmingPeople.Net Services and the Terms of Use; you agree that you will not submit Member Content that violates these Terms of Use.

Because CharmingPeople.Net does not permit infringement of intellectual property rights through the CharmingPeople.Net Services, we will remove all Member Content if properly notified that such Site Content or Member Content infringes on another's intellectual property rights and at our sole discretion.

CharmingPeople.Net does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that violates the rules or material contrary to applicable local, national, and international laws and regulations.

 

 

Member Content: Ownership & Licenses

We do not claim ownership rights over your Member Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display Member Content through the CharmingPeople.Net Services, solely for the purpose for which such Member Content was submitted or made available. This limited license exists only for so long as you elect to include Member Content through the CharmingPeople.Net Services and it will terminate at the time you remove or we remove such Member Content from the CharmingPeople.Net Services. You grant each user of the CharmingPeople.Net Services a non-exclusive license to access your Member Content through the CharmingPeople.Net Services, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the CharmingPeople.Net Services and under these Terms of Use.

Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the CharmingPeople.Net Services by CharmingPeople.Net and/or its members, CharmingPeople.Net is under no obligation to delete or ask or require other CharmingPeople.Net members to delete that Member Content, and therefore, it may continue to appear and be used through the CharmingPeople.Net Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of Member Content that have been removed or deleted.

 

 

Permitted Use of Content

The content associated with the CharmingPeople.Net Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like ("Site Content") and the trademarks, service marks, trade names and logos contained therein, except all Member Content, are owned by or licensed to CharmingPeople.Net, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, CharmingPeople.Net does not grant you any express or implied rights, and all rights in and to the CharmingPeople.Net Services and the Site Content are retained by CharmingPeople.Net.

You may access Member Content for your information and personal, non-commercial use solely as intended through the provided functionality of the CharmingPeople.Net Services. Member Content and Site Content are provided to you "AS IS" and "AS AVAILABLE" for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the CharmingPeople.Net Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.

 

 

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any CharmingPeople.Net member who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us sending an e-mail to:

info@charmingpeople.net

 

 

Member Accounts

In order to participate in the CharmingPeople.Net Services, you must create an account and become a CharmingPeople.Net member. All members will receive a password and are responsible for maintaining confidentiality of such password. Each member's right to use the CharmingPeople.Net Services is personal to the member and members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify CharmingPeople.Net of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other members of the Site, and that we have no obligation to monitor or resolve disputes between members of the Site.

 

 

Member Conduct

You may not use the CharmingPeople.Net Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms. Your access to the CharmingPeople.Net Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms or for any other reason, or no reason. You expressly agree not to:

  • Act as an agent, affiliate or representative of the CharmingPeople.Net Services and utilize the CharmingPeople.Net Services or Member Content or Site Content for any commercial purpose other than for which the CharmingPeople.Net Services is intended without our express written permission;
  • Access, monitor or copy any content or information of the CharmingPeople.Net Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; or
  • "Frame," "mirror" or otherwise incorporate any part of the CharmingPeople.Net Services into any other website without our prior written permission.

You agree not to use the CharmingPeople.Net Services for any commercial use, without the prior written authorization of CharmingPeople.Net. Prohibited commercial uses include any of the following actions taken without our express approval:

  • Sale of access to the CharmingPeople.Net Services on another website;
  • Use of the CharmingPeople.Net Services for the primary purpose of gaining advertising or subscription revenue;
  • Sale of advertising on the CharmingPeople.Net Services or any third-party website, targeted specific Member Content or Site Content; and
  • Use of the CharmingPeople.Net Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the CharmingPeople.Net Services, Site Content, or Member Content.

Unauthorized commercial uses do not include uploading Member Content to the CharmingPeople.Net Services to promote your business or artistic enterprise, or any use that CharmingPeople.Net expressly authorizes in writing.

In addition, the following behaviors or activities are strictly prohibited when using the CharmingPeople.Net Services by any member or CharmingPeople.Net Services user:

  • Strong, vulgar, obscene or otherwise harmful language;
  • Racially, ethnically or otherwise, objectionable language;
  • Harassing, intimidating, stalking or threatening other CharmingPeople.Net members;
  • Libelous, defamatory or otherwise tortious language;
  • Online vandalism;
  • Impersonation of another person;
  • Posting, distributing, transmitting or promoting illegal Content;
  • Invasion of another's privacy;
  • Actions that are hurtful to minors,;
  • Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party;
  • Posting, providing, transmitting or otherwise making available any junk mail or spam; and
  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the CharmingPeople.Net Services.

We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing CharmingPeople.Net to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

 

 

Termination of Service

You agree that CharmingPeople.Net, in its sole discretion, has the right, but not the obligation, to delete or deactivate your member account, block your IP address, or otherwise terminate your access to or use of the CharmingPeople.Net Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the CharmingPeople.Net Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that CharmingPeople.Net will not be liable to you or any third party for any termination of your access to the CharmingPeople.Net Services. Further, you agree not to attempt to use the CharmingPeople.Net Services after your member account has been terminated.

You agree that if you are dissatisfied with the CharmingPeople.Net Services, if you do not agree with any part of the Terms of Use, or if you have any other dispute or claim with or against us with respect to the Terms of Use or the CharmingPeople.Net Services, your sole and exclusive remedy is to discontinue using the CharmingPeople.Net Services.

 

 

Membership Fees / Refund Policy

CharmingPeople.Net members may have profiles either at a "basic" level (female models) or may sign up for a paid membership. CharmingPeople.Net charges membership fees for each paid membership account. Paid membership account fees are automatically renewed according to the member's selected renewal options, unless deactivated by the subscribing member. CharmingPeople.Net will automatically charge the membership fee to your designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated. CharmingPeople.Net reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice (a minimum of 30 days) posted in advance on the Site. The act of paying fees does not exclude you from the Terms of Use or the rules, which must be adhered to by all members.

Membership fees are charged up-front. CharmingPeople.Net does not provide refunds or credits for any membership fees. Downgrades to a less expensive membership or cancellation of any membership or termination of any membership will not result in any refund or credit of fees already paid. The cancellation or downgrade of a membership will go into effect at the end of the then-current billing cycle. We may offer other paid services or features associated with the CharmingPeople.Net Services, subject to specified terms and conditions.

 

 

The CharmingPeople.Net Services may provide links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that CharmingPeople.Net is not responsible for the availability of such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such website or resource.

 

 

Indemnity

You agree to defend, indemnify and hold CharmingPeople.Net, our owner, and each of its subsidiaries, affiliates, directors, officers, agents, vendors or other partners, employees and CharmingPeople.Net moderators harmless from any claim or demand, including attorneys' fees and costs, made by any third party due to or arising out of any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the CharmingPeople.Net Services, by your violation of the Terms of Use, or by your violation of any third party right, including without limitation any copyright, property, or privacy right.

 

 

Trademark Information

CharmingPeople.Net is a trademark. Without our prior permission, you agree not to display or use in any manner any CharmingPeople.Net mark. All trademarks included in the CharmingPeople.Net Services not owned by CharmingPeople.Net are the property of their respective owners. Nothing contained on the CharmingPeople.Net Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

 

 

Disclaimer of Warranties / Limitation of Liability

You understand and agree that the CharmingPeople.Net Services are provided "AS-IS" or "AS AVAILABLE," and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the CharmingPeople.Net Services, nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

No advice or information, whether oral or written, obtained by you from the CharmingPeople.Net Services shall create any warranty not expressly stated in these Terms of Use. In no event shall CharmingPeople.Net or its owner, or affiliates, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages, loss of or damage to reputation or loss of information, arising from your use of the CharmingPeople.Net Services even if we have been advised of the possibility of such damages.

We disclaim all liability for any loss or damage arising out of your communications or dealings with any of the businesses, advertisers, CharmingPeople.Net members or users of the CharmingPeople.Net Services. Your communications or dealings with such businesses, advertisers, members and users are solely between you and them, although we reserve the right to monitor disputes between you and them.

If you promote a contest, sweepstakes or giveaway on CharmingPeople.Net you do so at your risk and you assume all risk and liability; you further agree to hold CharmingPeople.Net harmless from any claim, demand or damages.

Our maximum aggregate liability to you for any causes whatsoever, and regardless of the form of action, shall be limited to US$30.00 or to the greater of the amount paid, if any, by you to us in connection with the CharmingPeople.Net Services in the three (3) months prior to the action giving rise to the liability. You and CharmingPeople.Net agree that any cause of action arising out of or related to the CharmingPeople.Net Services must commence within six (6) months after the cause of action accrues, otherwise, such cause of action is permanently barred.

 

 

General

You affirm that you are more than 18 years of age, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use. If you are under 18 years of age, then please do not use the CharmingPeople.Net Services.

Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

 

Revised: February 24, 2015