GreatSexIdeas.com  |  LOGIN  |  SIGNUP  |  SAMPLES  |  FAQ  |  TERMS&CONDITIONS  |   

Online Service Agreement
GreatSexIdeas™ is an Internet-based online information and communication service. BY ACCESSING OR USING GreatSexIdeas™, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE GreatSexIdeas™. GreatSexIdeas™ MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR BY NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF GreatSexIdeas™ SHALL BE DEEMED TO SHOW YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. DISCLAIMER The information contained in GreatSexIdeas™ is presented for the purpose of educating consumers on wellness and disease management topics. Nothing contained in GreatSexIdeas™ is intended to be instructional for diagnosis or treatment of sexual disorders. The information should not be considered complete, nor, if you have health problems, should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before using the advice given on GreatSexIdeas™. You should never disregard medical advice or delay in seeking it because of something you have read in GreatSexIdeas™. The information contained in GreatSexIdeas™ is compiled from a variety of sources ("Information Providers"). Neither GreatSexIdeas™ nor Information Providers directly or indirectly practice psychotherapy in any form or dispense medical services as part of GreatSexIdeas™. GreatSexIdeas™ SERVICES AND GreatSexIdeas™ SOFTWARE AND INFORMATION ACCESSED Through GreatSexIdeas™ (the "SERVICES") ARE provided "AS IS" without warranty, express or implied. GreatSexIdeas™ hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the SERVICES. There are no warranties which extend beyond the description on the face OF THIS AGREEMENT. GreatSexIdeas™ and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Services. GreatSexIdeas™ and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. GreatSexIdeas™ and Information Providers cannot and do not guarantee or warrant that files available for downloading from this online site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. GreatSexIdeas™ and Information Providers do not warrant or guarantee that the functions or Services performed in GreatSexIdeas™ will be uninterrupted or error-free or that defects in GreatSexIdeas™ will be corrected. Users of GreatSexIdeas™ are responsible for (1) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and (2) maintaining a means external to GreatSexIdeas™ for the reconstruction of any lost data.

2. OTHER SITES You are encouraged to use discretion while browsing the Internet on searches initiated at GreatSexIdeas™. GreatSexIdeas™ links may lead to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. GreatSexIdeas™ and Information Providers make no representations concerning any effort to review all of the content of sites listed in its catalog (indeed, given the number of results from any browsing which starts with a GreatSexIdeas™ link, that would be practically impossible).

3. REVIEW OF POSTINGS & UPLOADS GreatSexIdeas™ does not and cannot review all communications and materials posted or uploaded to GreatSexIdeas™ and is not responsible for the content of these communications and materials. However, GreatSexIdeas™ reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous or defamatory, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to GreatSexIdeas™. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

4. LIMITED LICENSE By this Agreement, GreatSexIdeas™ grants, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use GreatSexIdeas™ in real time and to use the materials in GreatSexIdeas™ in a manner consistent with paragraph 11 (Copyright) below.

5. USERÍS AGREEMENT You agree to: (a) maintain all equipment required for your access to and use of GreatSexIdeas™; (b) maintain the security of your user identification, password and other confidential information relating to your GreatSexIdeas™ account; and (c) be responsible for all charges resulting from use of your GreatSexIdeas™ account, including unauthorized use prior to your notifying GreatSexIdeas™ of such use and taking steps to prevent its further occurrence by changing your password.

6. ON-LINE COMMUNICATIONS

6.01 Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by GreatSexIdeas™. GreatSexIdeas™ cannot and does not screen content provided by you to GreatSexIdeas™. Notwithstanding the foregoing, GreatSexIdeas™ reserves the right to monitor content on GreatSexIdeas™ and to remove content, which GreatSexIdeas™, in its sole discretion, determines to be harmful or otherwise in violation of this Agreement or GreatSexIdeas™'s operating policies for users of GreatSexIdeas™ ("Users").

6.02 You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use GreatSexIdeas™ as permitted by this Agreement, GreatSexIdeas™'s operating policies and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by the forum manager responsible for the GreatSexIdeas™ area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). GreatSexIdeas™'s operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBSs") and other matters are available and/or will be made available online. GreatSexIdeas™ reserves the right in its sole discretion to change such policies at any time. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.

6.03 You are responsible for your communications and your use of GreatSexIdeas™. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to GreatSexIdeas™ with one account; (b) post or transmit any message which is libelous or defamatory; (c) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use GreatSexIdeas™ to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or offer to unsolicited sell goods or services to other Users, use as a mass unsolicited distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by GreatSexIdeas™); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or GreatSexIdeas™; (l) falsify the source or origin of software or other material contained in a file that you upload to a BBS or GreatSexIdeas™; (m) use GreatSexIdeas™ in a manner that adversely affects the availability of its resources to other Users; (n) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a subscriber to GreatSexIdeas™ the User directory or any portion thereof other than for personal, noncommercial purposes (except as otherwise expressly permitted by (name of entity)); (o) falsely purport to be an employee or agent of GreatSexIdeas™ (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of GreatSexIdeas™, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of GreatSexIdeas™ to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views in GreatSexIdeas™, nonetheless, GreatSexIdeas™ reserves the right to take such action as it deems appropriate in cases where GreatSexIdeas™ is used to disseminate statements which are deeply and widely offensive and/or harmful. Each time you upload a file on GreatSexIdeas™, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.

7. PRIVACY POLICY GreatSexIdeas™ considers its users' privacy to be of the utmost importance. Please see our Privacy Statement for a detailed description of our information gathering and dissemination practices for the GreatSexIdeas™ Web site.

8. OPERATION GreatSexIdeas™ reserves complete and sole discretion with respect to the operation of its site. GreatSexIdeas™ may, among other things: (a) delete email if it has not been accessed by a User within the time established by GreatSexIdeas™'s policies; (b) subject to Section 6, make available to third parties information relating to GreatSexIdeas™ and Users; and (c) withdraw, suspend or discontinue any functionality or feature of GreatSexIdeas™. GreatSexIdeas™ may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. GreatSexIdeas™ will not review the contents of email except as required or allowed by applicable law or legal process.

9. USER REPRESENTATIONS You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use GreatSexIdeas™ in accordance with this Agreement. You agree to be financially responsible for your use of GreatSexIdeas™ (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

10. CONTENT Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors. Forum managers, forum hosts, CPs, or Merchants appearing on GreatSexIdeas™ are not authorized GreatSexIdeas™ spokespersons, and their views do not necessarily reflect those of GreatSexIdeas™.

11. COPYRIGHT The entire contents of GreatSexIdeas™ are copyrighted as a collective work under the laws of United States and other copyright laws. GreatSexIdeas™ holds the copyright in the collective work. The collective work includes works which are the property of the Information Providers which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of GreatSexIdeas™ solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc). Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from GreatSexIdeas™.

12. LICENSES AND IDEA SUBMISSIONS You agree to grant to GreatSexIdeas™ a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of GreatSexIdeas™ (such as BBSs, forums and chat rooms) by all means and in any media now known or hereafter developed. You hereby waive your moral rights in any such materials and information, and you hereby warrant that any such materials and information are original with you, or that you have the right to submit such materials and information. You agree that you shall have no recourse against GreatSexIdeas™ for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

13. INDEMNIFICATION YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GreatSexIdeas™, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING GreatSexIdeas™ USING YOUR SERVICE ACCOUNT.

14. WAIVER, RELEASE AND LIMITATION OF LIABILITY YOU AGREE THAT NEITHER GreatSexIdeas™, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF GreatSexIdeas™. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MPLH, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF MPLH, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF GreatSexIdeas™. NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF MPLH, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL EMPOWER MPLH, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF GreatSexIdeas™ ARE HEREBY EXCLUDED EVEN IF MPLH, Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. THIRD PARTY RIGHTS The provisions of paragraphs 14 (Indemnification) and 15 (Waiver, Release and Limitation of Liability) are for the benefit GreatSexIdeas™ and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

16. TERM; TERMINATION Either you or GreatSexIdeas™ may terminate your right to use GreatSexIdeas™ at any time, with or without cause, upon notice. GreatSexIdeas™ also reserves the right to terminate or suspend your GreatSexIdeas™ membership without prior notice, but GreatSexIdeas™ will confirm such termination or suspension by subsequent notice. The provisions of paragraphs 11 (Copyright), 12 (License, and Idea Submission), 13 (Indemnification), 14 (Waiver, Release and Limitation of Liability), 15 (Third Party Rights), and 17 (Miscellaneous) shall survive any termination of this Agreement.

17. MISCELLANEOUS This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. You agree that any legal action or proceeding between GreatSexIdeas™ and you for any purpose concerning this Agreement or the partiesÍ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Boston, Massachusetts, United States. GreatSexIdeas™'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. GreatSexIdeas™ may assign its rights and duties under this Agreement to any party at any time without notice to you.

18. NOTICE GreatSexIdeas™ may deliver notice to you under this Agreement by means of electronic mail, a general notice on GreatSexIdeas™, or by written communication delivered by first class U. S. mail to your address on record in GreatSexIdeas™ account information. You may give notice to GreatSexIdeas™ at any time via electronic mail to feedback@GreatSexIdeas.com or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

MPLH Inc.
Attn: Chief Executive Officer/President
PO Box 876
Bedford, MA 01730-0876
Electronic Mail: feedback@GreatSexIdeas.com

19. SEVERABILITY The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

© 2000 - 2007 MPLH Inc.    All rights reserved.