Last Updated: April 29, 2015.
Welcome to our website (“Website”).
1.1 Stelivo, LLC is a Florida Limited Liability Company (“Stelivo”) and the owner and operator of this website LocalSexting.com (“Website”). Stelivo is doing business as LocalSexting.com, (“LS” or “we” or “our” or “us”). We provide a social networking platform that allows users to participate in online sexually oriented chat rooms that are organized under various categories (e.g. by region, age group, sexual preference, etc.).
1.2 Your use of LS’ products, software, services, servers and Website (“Service”) is subject to the terms and conditions of a binding and enforceable agreement (“Agreement”) between you and LS, as defined herein. By using our Service you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using our Service.
1.4 LS, at its sole discretion, may translate its Service into various languages. That notwithstanding, the language of this Agreement, or any agreement wherein this Agreement is included by reference, will not be translated into any other language and must be agreed to and accepted as defined herein.
2. General Terms
2.1 The terms and conditions provided herein (the “General Terms”) apply to all users of our Service, including registered users and the public at large (collectively “Users”). If you register on our Service then additional terms and conditions will apply (“Registered User”).
2.2 The General Terms contained herein are included by reference in any subsequent agreement entered into between LS and a Registered User and constitute the minimum terms and conditions controlling use of our Service. The term Agreement, as used herein, refers to our General Terms and to any agreement entered into between a Registered User and LS that includes the General Terms by reference.
2.3 Our Service includes all pages on our Website's domain (LocalSexting.com) and all pages on any related sub-domains, all of which are controlled by this Agreement.
3.1 Payment Processor: means the third party entity that Registered Users use to pay LS for offerings made available on our Service.
3.2 Registered User: means a User that registers on our Service with the intention of interacting with the Service and utilizing the features and functions provided therein.
3.3 Service: means LS’ products, software, processes, services, Website and servers, all of which collectively constitute a sexually oriented social networking platform focused on the provisioning of online chat rooms.
3.4 User: means a Registered User or a member of the public at large that accesses our Website but chooses not to register on our Service.
3.5 User Generated Content: specifies a term which includes, but is not limited to, information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and any other information that a Registered User may upload to our Service by any means that LS makes available on the Service or by such other processes as the parties may mutually agree.
4. Acceptance and Modifications
4.1 LS reserves the right to change or revise this Agreement at any time by posting a notification on our Website. LS, in its sole discretion, may provide a Registered User notification via other mechanisms, but is not required to do so.
4.2 You are required to affirmatively accept this Agreement when becoming a Registered User by reading this Agreement and clicking “I Agree.” As a Registered User you are also required to affirmatively accept any future revisions to this Agreement in a similar manner. LS maintains a record of acceptance for each Registered User, including the version of this Agreement accepted by you whenever you click “I Agree.”
4.3 LS will notify you of revision dates to this Agreement by posting the “last revised date” preceding the first paragraph of this document. The revised Agreement will take effect immediately after it has been posted on our Website.
5.1 LS requires, and enforces, strict compliance with our eligibility (“Eligibility”) requirements, as defined herein. Our Service is not intended for individuals under the age of 18. It is intended solely for the use of our Registered Users, who must assert, according to the terms and conditions herein, that they meet the age requirement of their local jurisdiction. Registration on our Service by any other person is strictly prohibited, unauthorized, unlicensed, void, and in violation of this Agreement.
5.2 By registering on our Service you assert and warrant that you are doing so for the purpose of using our Service as intended and you hereby agree to abide by our User Conduct Restrictions as provided for herein. Registration for any other purpose violates this Agreement and is strictly prohibited.
5.3 By registering on our Service you further assert and warrant that you are of legal age, eighteen (18) years old or older, and possess the legal capacity to enter into this Agreement, and you agree to abide by and comply with this Agreement. In any case, you affirm that you are 18 years old or older, as our Service is not intended for children. If you are underage then please do not use and/or register on our Service.
6. Account Registration
6.1 As a Registered User you are required to provide us accurate, current, reliable and otherwise valid data when completing the registration forms that establish your account (“Account”) on our Service. You further agree that such data must be kept current and revised in a timely manner when events occur that may alter its validity.
6.2 As a Registered User you agree that you are solely responsible for the data and activities related to updating and maintaining your Account, notwithstanding the fact the LS may, for technical or other reasons, assist you in making changes to your Account at your direct request, and after proper authentication.
6.3 Registration on our Service requires you to establish security credentials that allow you access to your Account. The credentials include a user identifier and a corresponding password. You may also be required to establish additional credentials should LS deem them necessary to protect the integrity of our Service. You agree that you are responsible for maintaining the confidentiality of said credentials.
7. User Generated Content
7.1 You retain all ownership rights to content which you are a lawful owner or licensee of (“User Generated Content” or “UGC”) and which you make available on our Service via whatever mechanism LS provides, excluding such items defined as Transmissions herein, and subject to any other rights granted to LS under this Agreement.
7.2 By submitting UGC to our Service, you grant LS a nonexclusive, worldwide, transferable and fully paid license to copy, crop, reproduce, reformat, translate, publicly display, excerpt (in whole or in part) and distribute your UGC for any purpose, commercial or otherwise. In addition, the license you grant includes rights that allow LS to create derivative works, or incorporate your UGC into other works, as LS sees fit.
7.3 The license expires when you remove your UGC from our Service. However, LS requires, and you acknowledge and agree, that LS may retain archived copies of said UGC in order to meet the requirements of applicable law and for other business reasons that LS may have to maintain such archives. You acknowledge and agree that this license does not terminate if you have shared your UGC with other Users and said Users have not deleted your UGC.
7.4 You represent, warrant, and guarantee that you have the full right, ability, and authority to make available to our Service, by whatever mechanism LS provides, your UGC. You further represent, warrant, and guarantee that by making available any UGC on our Service, you are not violating any obligation owed by you to any third party, including without limitation, obligations of confidentiality, privacy, attribution or any intellectual property rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.
8. Limited License
8.1 All content on our Service, except for User Generated Content, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Information"), are the property of LS or its licensors with all rights reserved.
8.2 If you meet the requirements of Eligibility, and have properly gained access to our Service as provided for in this Agreement, then you are granted a limited license to use our Service and the Information, and to download and print a copy of any portion of the Information for non-commercial use, provided that you keep all copyright or other proprietary notices intact.
8.3 As pertaining to all the Information, except for User Generated Content, you may not make available, in any form and by any mechanism, said Information on any public or private website or incorporate the Information in any other database or compilation.
8.4 Any use of the Information, other than as set forth herein, is strictly prohibited. This limited license allows you to use the Information only for lawful uses in accordance with the foregoing and does not allow you to sell the Information, use the Information for commercial use, or use any type of data mining, robots, or similar data gathering or extraction methods on our Service.
8.5 Absent prior written consent from LS, you may not copy or imitate any elements of our Service, including but not limited to, graphics, digital images, logos, sounds, images, and buttons protected by trade dress and other laws. Absent prior written consent from LS, you may not use framing, metatags, or hidden text techniques in association with our logo, trademark or other copyrighted or proprietary information.
8.6 Unless expressly stated in this Agreement, or in a subsequent agreement entered into by LS and a Registered User, nothing herein shall be construed as conferring any license to intellectual property rights, in any form or by any mechanism.
8.7 The LS limited license is revocable at any time without notice and with, or without, cause.
9.1 As defined herein, transmissions (“Transmissions”) may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-mails, postings, letters, or other written materials about, or concerning, our Service, provided by you to LS, other than User Generated Content. You acknowledge that Transmissions by you to and from our Service are non-confidential, and that others may read and/or intercept such Transmissions.
9.3 By using our Service, you thereby assign all right, title, and interest, including the copyright therein, in all Transmissions, to LS. Accordingly, LS shall own all intellectual property rights in the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose, commercial or otherwise, without acknowledgment, compensation, or liability to you. By submitting such Transmissions to our Service, you irrevocably waive all “moral rights” in such Transmissions.
10.1 You agree to defend, indemnify, and hold LS, its parents, subsidiaries, affiliates, officers, agents and employees, its suppliers and their respective affiliates and agents harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to your use of our Service, including but not limited to:
- your submission to our Service of any Transmission;
- your alleged breach of this Agreement; or
- your infringement of any intellectual property or other right of any person or entity; or
10.2 LS acknowledges and agrees that the indemnification sought in 10.1 is limited to acts that are directly or indirectly under your control regarding your use of, or inability to use, our Service, and does not extend beyond that.
11. Limitations of Liability
11.1 IN NO EVENT SHALL LS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICE; OR FOR THE LOSS OF PROFITS OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR OTHERWISE, EVEN IF LS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, LS' TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO LS IN EXCHANGE FOR ALLOWING YOU TO USE OUR SERVICE DURING THE PAST THREE MONTHS PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION OR PROCEEDING, OR $100.00 USD, WHICHEVER IS LESS.
11.3 IN ALL CASES, WITHOUT LIMITATION, LS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORSEEABLE.
12.1 YOU ACKNOWLEDGE THAT OUR SERVICE AND THE INFORMATION THEREIN ARE PROVIDED ON AN "AS IS" BASIS AND THAT LS MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING OUR SERVICE OR THE INFORMATION. LS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT LS CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. LS AO DOES NOT INQUIRE INTO THE BACKGROUND OF ALL OF ITS MEMBERS OR AND DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. LS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. LS RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
12.3 IN NO EVENT SHALL LS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, CRIMINAL ACTS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE.
12.4 YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT LS MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
12.5 BY USING, OR ATTEMPTING TO USE, OUR SERVICE, YOU EXPRESSLY ACKNOWLEDGE THE FOLLOWING:
- THE INFORMATION COULD INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS;
- LS DOES NOT REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR ACCURACY OF THE INFORMATION; AND;
- LS DOES NOT REPRESENT OR WARRANT THAT OUR SERVICE OR ANY RELATED SERVERS ON WHICH IT RESIDES ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
12.6 LS MAY PERIODICALLY MAKE CHANGES TO ANY SERVICE CONTENT, INFORMATION, FEATURES, OR FUNCTIONS, INCLUDING STOPPING THE PROVISIONING OF THE SERVICE. LS RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN THIS AGREEMENT.
12.7 UNLESS SPECIFICALLY INDICATED IN WRITING TO THE CONTRARY, NO REFERENCE ON OUR SERVICE TO ANY PRODUCTS, PROCESSES, SERVICES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY LS' ENDORSEMENT OR SPONSORSHIP THEREOF.
13.1 Our Service may include hypertext links (“Links”) to other websites over which LS has no control. LS makes no representations of any kind regarding the content on such websites or the content on any website linked to such websites or to any changes or modifications made thereto.
13.2 You hereby acknowledge that by using any such Links, you irrevocably waive any and all claims against LS regarding such websites and must adhere to the usage and privacy policies governing such sites. LS’ usage of Links does not imply our endorsement, or sponsorship, of any such websites.
14. Intellectual Property Rights of Third Parties
14.1 LS respects the intellectual property rights of others and requires a Registered User of our Service to do likewise. LS prohibits a Registered User from making available, in whatever form and by whatever mechanism, content on our Service that infringes upon any party’s intellectual property rights.
14.2 LS has the right to terminate the Account of any infringing Registered User and will take steps to do so immediately upon proper notification and in compliance with applicable law. You acknowledge and agree that a violation of the intellectual property rights of others on our Service triggers the Indemnification provided for herein.
15.1 LS will strictly comply with the requirements of the Digital Millennium Copyright Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright has been violated by any content on our Service then you may send a written notification of such infringement to our Designated Agent as set forth below.
15.2 LS has designated an agent to the U.S. Copyright Office to receive notifications of alleged copyright infringement relating to our Service. You must submit all such notifications, in a manner consistent with the DMCA, to LS’ Designated Agent. Likewise, if you believe that your copyrighted content has been erroneously removed from our Service, you must send a counter notification to LS’ Designated Agent in a similar DMCA compliant manner.
15.3 Send all DMCA compliant notifications to: [email protected]
16.1 All trademarks used on our Service are the property of their respective owners and may not be used without permission therefrom.
16.2 Whether or not specifically designated as such, LocalSexting.com and all other colors, graphics, logos, sounds, images, icons and buttons displayed on our Service are or may be trademarks of LS or its affiliates.
16.3 Absent prior written consent from LS, you may not copy, imitate, or use any portion of these marks.
17. User Conduct Restrictions: Impermissible Use and Activities
17.1 You agree not to use our Service to upload, post, store, transmit or share content (or code) which:
- is unlawful, threatening or abusive;
- encourages criminal or other activity that would reasonably give rise to civil liability or otherwise violate any local, state, federal, or international law;
- is racially/ethnically objectionable, or hateful;
- contains false or misleading information;
- inhibits another User from use or enjoyment of our Service;
- is defamatory, libelous or otherwise unlawful;
- contains a virus or surreptitious code; or
- allows for the harvesting of email addresses or other contact information, or the harvesting of information of any kind.
17.2 Furthermore, you agree not to use our Service to engage in the following kinds of activities:
- transmit, upload, post, store, and share content of any kind, and by any other mechanism, that you are not the lawful owner or licensee of;
- register for more than one Account or register an Account in the name of another;
- impersonate a person or entity or make misrepresentations regarding affiliations of any kind;
- engage in any kind of behavior that can reasonably be construed as SPAMMING;
- engage in any behavior likely to cause harm to LS, our Service, its Users, or to the public at large;
- upload any UGC containing SEXUALLY ORIENTED CONTENT PERTAINING TO CHILDREN INCLUDING, BUT NOT LIMITED TO, NUDITY AND/OR SUGGESTIVE VISUAL POSES EVEN IF NO NUDITY IS PRESENT.
17.3 LS takes the protection of children on the Internet AS A SERIOUS MATTER and will terminate any Account that seeks to exploit children in any manner whatsoever. If you find content on our Service that is sexually or physically abusive towards minors then please flag and report said content to us immediately. Once flagged by the community, our compliance team will report the responsible party to the proper authorities and cooperate with authorities to the fullest extent requested, consistent with applicable law.
18. Data Collection
18.2 LS does not knowingly collect personally identifiable information (or information of any other kind) directly from anyone under the age of 18. If you have a good faith belief that LS has inadvertently collected such information, then please contact LS at [email protected]. LS will take immediate steps to remove such information from our Service and from any databases under LS’ control.
19. Governing Law
20.1 Any claim or controversy arising among or between the parties hereto pertaining to our Service, or any claim or controversy arising out of, or with respect to, any matter contained in this Agreement, or any differences as to the interpretation or performance of this Agreement, other than those wherein either party has infringed or threatened to infringe the other party’s intellectual property rights, or wherein you have violated our User Conduct Restrictions, shall be settled by arbitration in the State of Florida. Such arbitration shall be before three arbitrators of the American Arbitration Association (the “AAA”) under its then prevailing rules.
20.2 Intellectual property rights, as defined herein, include patent, copyright, trademark or trade secrets. You and LS jointly acknowledge that arbitration is not an adequate remedy at law or in equity for actual or threatened infringement of either party’s intellectual property rights. Therefore, it is agreed that injunctive or other appropriate relief may be sought under these circumstances.
20.3 In any arbitration involving this Agreement, the arbitrators shall not make any award that will alter, change, cancel or rescind any provision in this Agreement, and their award shall be consistent with the provisions of this Agreement. Any such arbitration must be commenced no later than one (1) year from the date such claim or controversy arose, or the claim is waived.
20.4 The award of the arbitrators shall be final and binding and judgment may be entered thereon in any court of competent jurisdiction.
21.1 Either you or LS may terminate this Agreement. You may terminate this Agreement by destroying all materials obtained from our Service that you are not the lawful owner or licensee of, and by providing a termination notice to LS at [email protected]. LS may terminate this Agreement immediately, without notice for any reason, or no reason, and reserves the right to block or prevent your future access to our Service.
21.2 Should you or LS decide to terminate this Agreement then LS will prevent access to your Account on our Service. LS agrees to make a good faith effort to resolve an outstanding dispute between LS and a Registered User, if any exist, prior to termination. LS, at its sole discretion, may restore access to your Account if the dispute has been resolved to its satisfaction.
21.3 You acknowledge and agree that termination of this Agreement by either party pertains solely to your use of our Service, and has no effect on other contractual obligations that may exist between the parties, which remain in full force and effect.
23. Entire Agreement
This Agreement contains all of the terms and condition agreed to by you and LS with respect your use of our Service. It supersedes all prior agreements, arrangements and communications between the parties dealing with same, whether oral or written.
24. Definitions and Constructions
Unless otherwise specified, the terms: “includes,” “including,” “e.g.,” “for example,” and other similar terms are deemed to include the term "without limitation" immediately thereafter.