Username
Password

TERMS AND CONDITIONS OF USE

January 2012

ACCEPTANCE OF TERMS OF USE THROUGH USE OF SITE:

By using this website (the “Site”), you acknowledge and agree that the access and/or use of the Site and all or any of the content and materials available herein, including photos, videos, graphics, text, content descriptions, information, trademarks and logos (collectively, the “Content”) is and shall be governed by these terms and conditions of use (“Terms of Use”). You acknowledge and agree that to the extent you have an existing separate contract with FameFlynet, Inc. (“FameFlynet”) (each, a “Contract”), these Terms of Use are intended to be consistent therewith; provided, however, that to the extent of any inconsistency between these Terms of Use and such Contract, these Terms of Use shall govern. If and to the extent any user does not have a separate Contract with Fame, then these Terms of Use shall constitute a contract between such user and FameFlynet.

If you do not agree to these Terms of Use, you may not proceed to use this Site. If you proceed, you will be deemed to have agreed to be legally bound by these Terms of Use. FameFlynet reserves the right to revise these Terms of Use. If you use this Site following the posting of any modifications to these Terms of Use, you shall be deemed to have agreed to such modifications.

Subject to your acceptance of these Terms of Use, FameFlynet agrees to grant, and you agree to take, a non-exclusive, non-transferable, limited license to use the contents of the Site as provided herein. Without limiting the forgoing, you agree not to use the Site and/or its contents for any other use or purpose. You further agree that you will not (and will not attempt to) copy or distribute any portion of the Site to any other person or entity, or permit any other person or entity to access the Site using your account information unless specifically permitted to do so by your Contract.

PROPRIETARY RIGHTS:

FameFlynet owns and maintains this Site. The Content contained on the Site are protected by copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. The entire contents of the Site are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. None of the Content is in the Public Domain. FameFlynet owns a copyright in each piece of Content as well as in the selection, coordination and arrangement of such Content. All rights are reserved. FameFlynet, fameflynet.com and fameflynet.tv are trademarks, service marks and/or domain names of FameFlynet. All rights are reserved. Use of any of FameFlynet’ trademarks or names as “metatags” on other web sites is prohibited. You may not display the Site or any Content in frames or “in-line links” without prior express written permission from FameFlynet.

No Content may be downloaded, distributed, published, altered, stored, transmitted, or copied (electronically or by any other means known now or in the future), without express written permission from FameFlynet. Content is watermarked to track and assure copyright protection. For the avoidance of doubt, in the event that your Contract allows you to download Content from the Site, each download will generate a chargeable transaction on your account according to the terms specified in your Contract, and you agree that you will promptly and fully pay for all Content downloaded from the Site in accordance with the pricing and payment schedule set forth in your Contract. You acknowledge and agree that you do not acquire any ownership rights by downloading Content from the Site. Your use of any downloaded Content is subject to and will be governed by your Contract. You may not create a database or catalogue in electronic or manual form by downloading and storing any Content contained on the Site.

THE UNAUTHORIZED USE, REPRODUCTION, COPYING OR DISTRIBUTION OF ANY CONTENT ON THIS SITE IS STRICTLY PROHIBITED.

Any unauthorized use automatically terminates this license.

USAGE RULES:

Only registered users can access the password-protected portions of the Site. If you are a registered user of the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform FameFlynet immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.

You agree to comply with other rules regarding the Site or use of the Content, which may be posted at various pages throughout the Site. These rules, incorporated herein by reference, have as binding an effect as these Terms of Use and may be subject to change by FameFlynet without prior notice and in its sole discretion.

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site and all charges related thereto.

You will not yourself, or permit another person or entity, to directly or indirectly interfere or attempt to interfere with the operations of the Site or any activity on the Site. You will not insert any material that may contain any viruses, Trojan horses, worms, time bombs, or other software routines that may damage, interfere with, intercept or otherwise adversely affect FameFlynet’ computer systems. You agree not to, or to attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Content and/or the Site; not to data mine the Site and not to in any way cause harm to or burden the Site. You agree not to use the Site and/or the Content in any way that abuses, defames, stalks, annoys, threatens or violates the rights of privacy, publicity, intellectual property or other legal rights of others (now or hereafter recognized).

You acknowledge that access to the Site may be monitored. The requesting URL, the machine originating the request, and the time of the request may be logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring and FameFlynet’ reuse of such collected information.

TERMINATION OF USE

You agree that we may, in our sole discretion, terminate these Terms of Use, or any commercial activity or other use of the Site, immediately and without any notice to you. Without limiting the foregoing, FameFlynet may deny, suspend, modify your access to the Site if it determines in its sole discretion that: You have acted inconsistently with the obligations or the spirit of these Terms of Use or our other policies; you have infringed upon or tried to infringe upon FameFlynet’ proprietary rights; or, you are in breach or default of your Contract.

MODIFICATIONS TO THE SITE:

FameFlynet shall have the right at any time and from time to time to change or discontinue any aspect or feature of the Site including, but not limited to, the Content, hours of availability, and equipment and/or information needed for access or use. Fame Pictures may in its sole discretion modify, suspend, discontinue, restrict the use of, charge for or make free all or any portion of this Site, including the availability of any Content, at any time and without notice or cause. The Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES:

THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FameFlynet AND ITS RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND ASSIGNS, DO NOT WARRANT THAT: (1) THE SITE WILL BE AVAILABLE AT A PARTICULAR LOCATION OR TIME; (2) THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND (4) THE CONTENT IS FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU FURTHER UNDERSTAND THAT IN USING THE SITE YOU MAY COME ACROSS CONTENT THAT YOU MAY DEEM OFFENSIVE, INDECENT, OR OBJECTIONABLE, WHICH CONTENT MAY OR MAY NOT BE IDENTIFIED AS SUCH. FameFlynet SHALL HAVE NO LIABILITY FOR SUCH CONTENT TO YOU, TO ANY PERSON ON BEHALF OF WHOM YOU HAVE CONSENTED TO THESE TERMS OF USE, OR TO ANY PERSON WHOM YOU ALLOW TO ACCESS THE SITE.

FameFlynet AND ITS RELATED ENTITIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND ASSIGNS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM YOUR USE, OR INABILITY TO USE, THE SITE. THIS LIMITATION ON LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR SOME OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PROVISION SHALL BE LIMITED TO THE EXTENT PERMITTED IN SUCH JURISDICTIONS.

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless FameFlynet and its related entities, and each of their respective officers, directors, employees, agents, representatives, attorneys and assigns, from and against any and all claims, liabilities and expenses (including, without limitation, attorneys’ fees and costs) arising out of your use or misuse of the Site or the Content. FameFlynet reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with FameFlynet in defending against such claims.

COMPLAINTS OR NOTICES:

FameFlynet takes the intellectual property rights of others very seriously and complies with the complaint procedures of the Digital Millennium Copyright Act. If you believe that any of the material on our Site infringes any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please send the specific details of your claimed infringement via either email or letter to the contact listed below.

Agent Designated to Receive Notification of Claimed Infringement: [Name, address, phone number and email address]

SITE INTENDED FOR ADULTS:

Visitors to the Site under the age of 13 are not permitted. If you are under the age of 13, please exit this Site. FameFlynet does not intentionally collect any information from persons under the age of 13 on this Site.

CHOICE OF LAW AND FORUM:

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on line conduct and acceptable content, including, without limitation, all laws regarding the transmission of technical data exported from the United States or the country in which you reside. Certain Content is subject to territorial restrictions and can be downloaded only to certain countries and/or territories. You agree not to download or attempt to download such restricted Content outside the permitted territories. For example, you agree to not download or attempt to download Content labeled “USA Only” outside the United States.

These Terms of Use shall be interpreted, governed and construed in accordance with the laws of the State of California. You expressly agree to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California for any claim arising out of or related to these Terms of Use and this site. You further agree to submit to the personal jurisdiction of such courts in connection with any such claims.