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Terms and Conditions of Use


Lucy Media Pty Ltd ("Lucy Media") welcomes you. This User Agreement ("Agreement") applies to web sites and interactive services owned or operated by Lucy Media and its subsidiaries which include, but are not limited to, WhosDatedWho.com, FanPix.net, AllStarPics.net, LucyWho.com, LucyMe.com, BDBPhotos.com, LucyPhotos.com and TheBaseballWebsite.com (individually the "Service"; together the "Services").

Additional operating guidelines ("Guidelines") may be posted from time to time on a particular Service that will also apply to use of such Service, and such Guidelines are incorporated by reference into the Agreement. Lucy Media may also offer certain Services that are governed by different terms of service and such different terms of service will be posted and govern the use of such Service.

The Services collectively act as a content hosting and sharing platform that allows Users (as defined in the following paragraph) to store images, text and videos and share them across the internet and create unique personal profiles online. The Services are hosted in the United States.

Use of the Services is also governed by the Lucy Media Privacy Policy, which is incorporated into this Agreement by this reference. By using the Lucy Media Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse or use the Services, including through a mobile device, or otherwise use the Lucy Media Services without being registered) or you are a "Member" (which means that you have registered with Lucy Media). The term "User" refers to a Visitor or a Member. You are only authorized to access the Lucy Media Services, including materials and services contained in the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should discontinue use of the Lucy Media Services immediately. If you wish to make use of the Lucy Media Services, read this Agreement and reaffirm your acceptance during the registration process.

This Agreement includes Lucy Media's policy for acceptable use of the Lucy Media Services and Content (as defined in Section 6.1 below) posted on or through the Lucy Media Services and your rights, obligations and restrictions regarding your use of the Lucy Media Services and Content posted on or through the Lucy Media Services. In order to participate in certain Lucy Media Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Lucy Media. Unless otherwise provided by the additional terms and conditions applicable to the Lucy Media Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Lucy Media may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by Lucy Media on each Service. Your continued use of the Lucy Media Services after Lucy Media posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the Lucy Media Services and that you make available directly or indirectly to other Users. Your Lucy Media profile and any Content that you upload to the Lucy Media Services may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Lucy Media Users (for instance, in their profile or images/videos) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Lucy Media assumes no responsibility or liability for this material. If you become aware of misuse of the Lucy Media Services by any person, please email ABUSE (AT) LUCYMEDIA (DOT) COM (DOT) AU and include in your email a URL to the material in question.

Lucy Media reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, descriptions, comments, images or videos) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Lucy Media Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Lucy Media expressly reserves the right to remove any or all of your images, videos, account and profile and/or to deny, restrict, suspend, or terminate your access to all or any part of the Lucy Media Services if Lucy Media determines, in its sole discretion, that you have violated this Agreement or pose a threat to Lucy Media and/or its Users.

1. Eligibility.

Use of the Lucy Media Services and/or registration to be a Member for the Lucy Media Services ("Membership") is void where prohibited. By using the Lucy Media Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Lucy Media Services does not violate any applicable law or regulation.

2. Term.

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Lucy Media Services. You may terminate your Membership at any time, for any reason, by following the instructions on the account options page. Lucy Media may terminate your Membership at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership and/or your use of the Lucy Media Services is terminated, this Agreement will remain in effect in its entirety.

3. Account.

Members are limited to one free account per person. Your Lucy Media account is solely for your own personal use and benefit. Notwithstanding the above, you acknowledge that Lucy Media reserves the right to charge for any portion of the Lucy Media Services from time to time in its discretion.

4. Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Lucy Media immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5. Use by Users.

The Lucy Media Services are for the personal use of Users and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Lucy Media. Lucy Media reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Lucy Media Services, including collecting usernames, user id numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third-party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from images, videos and/or Member profiles without notice or explanation and may result in termination of Membership privileges. Lucy Media reserves the right to take appropriate legal action for any illegal or unauthorized use of the Lucy Media Services.

6. Proprietary Rights in Content on Lucy Media.

6.1
Lucy Media does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Lucy Media Services. By displaying or publishing ("posting") any Content on or through the Lucy Media Services, you hereby grant to Lucy Media and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels. Lucy Media and/or other Users may copy, print or display publicly available Content outside of the Lucy Media Services, including without limitation, via the Site or third party websites or applications (for example, services allowing Users to order prints of Content or t-shirts and similar items containing Content).

6.2
You represent and warrant that: (i) you own the Content posted by you on or through the Lucy Media Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Lucy Media Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Lucy Media Services.

6.3
The Lucy Media Services contain Content of Lucy Media ("Lucy Media Content"). Lucy Media Content is protected by copyright, trademark, patent, trade secret and other laws, and Lucy Media owns and retains all rights in the Lucy Media Content and the Lucy Media Services. Lucy Media hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Lucy Media Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Lucy Media Services.

6.4
The Lucy Media Services contain Content of Users and other Lucy Media licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Lucy Media Services.

6.5
Lucy Media performs technical functions necessary to offer the Lucy Media Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Lucy Media Services.

6.6
Although the Lucy Media Services are normally available, there will be occasions when the Lucy Media Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Lucy Media. Also, although Lucy Media will normally only delete Content that violates this Agreement, Lucy Media reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Lucy Media in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Lucy Media encourages you to maintain your own backup of your Content. In other words, Lucy Media is not a backup service. Lucy Media will not be liable to you for any modification, suspension, or discontinuation of the Lucy Media Services, or the loss of any Content.

7. Content Posted.

7.1
Lucy Media may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Lucy Media violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Lucy Media assumes no responsibility for monitoring the Lucy Media Services for inappropriate Content or conduct. However, regardless of whether the Content is public or private, Lucy Media may choose to monitor such Content at any time, in its sole discretion. If at any time Lucy Media chooses to monitor the Lucy Media Services, Lucy Media nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7.2
You are solely responsible for the Content that you post on or through any of the Lucy Media Services, and any material or information that you transmit to other Users and for your interactions with other Users.

8. Content/Activity Prohibited.

You must use the Lucy Media Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Lucy Media Services. Lucy Media reserves the right to investigate and take appropriate legal action against anyone who, in Lucy Media's sole discretion, violates this provision, including without limitation, removing the offending Content from the Lucy Media Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Lucy Media:

8.1
is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2
harasses or advocates harassment of another person;

8.3
exploits people in a sexual or violent manner;

8.4
contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

8.5
solicits personal information from anyone under 18;

8.6
publicly posts information that poses or creates a privacy or security risk to any person;

8.7
constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.8
constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work;

8.9
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.10
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.11
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

8.12
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13
involves commercial activities and/or sales without prior written consent from Lucy Media such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8.14
includes a photograph or video of another person that you have posted without that person's consent; or

8.15
violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited through the use of the Lucy Media Services. Lucy Media reserves the right to investigate and take appropriate legal action against anyone who, in Lucy Media's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

8.16
criminal or tortious activity, including child pornography or erotica, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, "pyramid scemes," Ponzi schemes, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8.17
advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Lucy Media Services. You may not transmit any chain letters or junk email to other Users.

8.18
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Lucy Media Services

8.19
Forging any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Lucy Media Services to send altered, deceptive, or false source-identifying information;

8.20
activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

8.21
interfering with the access of any User, host or network to the Site;

8.22
covering or obscuring the banner advertisements on your personal profile page, or any Lucy Media page via HTML/CSS or any other means;

8.23
including any HTML, CSS or other coding on your personal profile page, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content;

8.24
any automated use of the system, such as, but not limited to, using scripts to send images or videos;

8.25
interfering with, disrupting, or creating an undue burden on the Lucy Media Services or the networks or services connected to the Lucy Media Services;

8.26
impersonating or attempting to impersonate another User, person or entity;

8.27
using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.28
selling or otherwise transferring your profile;

8.29
using any information obtained from the Lucy Media Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

8.30
displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Lucy Media Services on behalf of that person or

8.31
deleting, or in any manner altering, the copyright, trademark, or other proprietary rights notices appearing on any Content except your own Content;

8.32
using any meta tags or other hidden text or metadata utilizing a Lucy Media name, trademark, URL or product name without Lucy Media's express written consent;

8.33
attempting to probe, scan or test the vulnerability of any Lucy Media Service or breach any security or authentication measures;

8.34
collecting or store personal data about other users without their express permission;

8.35
impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commiting fraud; or

8.36
using the Lucy Media Services in a manner inconsistent with any and all applicable laws and regulations.

9. Member Disputes.

You are solely responsible for your interactions with other Members. Lucy Media reserves the right, but has no obligation, to resolve or arbitrate disputes between you and other Members.

10. Disclaimers.

Lucy Media is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Lucy Media Services, whether caused by Users of the Lucy Media Services or by any of the equipment or programming associated with or utilized in the Lucy Media Services and such Content does not necessarily reflect the opinions or policies of Lucy Media. Profiles and third-party applications created and posted by Users on the Services may contain links to other websites. Lucy Media is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Lucy Media. Inclusion of any linked website on the Lucy Media Services does not imply approval or endorsement of the linked website by Lucy Media. When you access these third-party sites, you do so at your own risk. Lucy Media takes no responsibility for third-party advertisements or third-party applications or services that are posted on or through the Lucy Media Services, nor does it take any responsibility for the goods or services provided by its advertisers or third party websites or applications. Lucy Media is not responsible for the conduct, whether online or offline, of any User of the Lucy Media Services. Lucy Media assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Lucy Media is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Lucy Media Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Lucy Media Services. Under no circumstances shall Lucy Media be responsible for any loss or damage, including personal injury or death, resulting from use of the Lucy Media Services, from any Content posted on or through the Lucy Media Services, or from the conduct of any Users of the Lucy Media Services, whether online or offline. The Lucy Media Services are provided "AS-IS" and as available and Lucy Media expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Lucy Media cannot guarantee and does not promise any specific results from use of the Lucy Media Services.

11. Limitation on Liability.

IN NO EVENT SHALL LUCY MEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE LUCY MEDIA SERVICES, EVEN IF LUCY MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LUCY MEDIA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LUCY MEDIA FOR THE LUCY MEDIA SERVICES DURING THE TERM OF MEMBERSHIP.

12. Australian Export Controls.

Software available in connection with the Lucy Media Services (the "Software") is further subject to Australian export controls. No Software may be downloaded from the Lucy Media Services or otherwise exported or re-exported in violation of Australian export laws. Downloading or using the Software is at your sole risk.

13. Disputes.

The Agreement shall be governed by, and construed in accordance with, the laws of the Australian Capital Territory, without regard to its conflict of law provisions. You and Lucy Media agree to submit to the exclusive jurisdiction of the courts located within the Australian Capital Territory to resolve any dispute arising out of the Agreement or the Lucy Media Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

14. Indemnity.

You agree to indemnify and hold Lucy Media, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Lucy Media Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Lucy Media Services causes Lucy Media to be liable to another.

15. Protecting Copyrights and Other Intellectual Property.

Lucy Media respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Lucy Media has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through the Lucy Media Services in a way that constitutes copyright infringement, please follow the procedures set forth in the Lucy Media Copyright and IP Policy.

16. Other.

This Agreement is accepted upon your use of the Lucy Media Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Lucy Media regarding the use of the Lucy Media Services. The failure of Lucy Media to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.


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