WEBSITE SERVICE AGREEMENT/TERMS OF USE 1. ACCEPTANCE OF TERMS The services that mileycyrusvanityfair.net provides to User is subject to the following Terms of Use ("TOU"). mileycyrusvanityfair.net reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. A. This Agreement, which incorporates by reference other provisions applicable to use of mileycyrusvanityfair.net , including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in mileycyrusvanityfair.net , sets forth the terms and conditions that apply to use of mileycyrusvanityfair.net by User. By using mileycyrusvanityfair.net (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use mileycyrusvanityfair.net is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. B. mileycyrusvanityfair.net shall have the
right at any time to change or discontinue any aspect or feature of
mileycyrusvanityfair.net , including, but not limited to, content, hours
of availability, and equipment needed for access or use. 2. CHANGED TERMS mileycyrusvanityfair.net shall have the
right at any time to change or modify the terms and conditions applicable
to User's use of mileycyrusvanityfair.net , or any part thereof, or to
impose new conditions, including, but not limited to, adding fees and
charges for use. Such changes, modifications, additions or deletions shall
be effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on mileycyrusvanityfair.net , or by
electronic or conventional mail, or by any other means by which User
obtains notice thereof. Any use of mileycyrusvanityfair.net by User
after such notice shall be deemed to constitute acceptance by User of such
changes, modifications or additions. 3. DESCRIPTION OF SERVICES Through its Web property, mileycyrusvanityfair.net
provides User with access to a variety of resources, including download
areas, communication forums and product information (collectively
"Services"). The Services, including any updates, enhancements, new
features, and/or the addition of any new Web properties, are subject to
the TOU. 4. EQUIPMENT User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of mileycyrusvanityfair.net and all charges related thereto. 5. USER CONDUCT A. User shall use mileycyrusvanityfair.net for lawful purposes only. User shall not post or transmit through mileycyrusvanityfair.net any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without mileycyrusvanityfair.net 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in mileycyrusvanityfair.net 's discretion restricts or inhibits any other User from using or enjoying mileycyrusvanityfair.net will not be permitted. User shall not use mileycyrusvanityfair.net to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with mileycyrusvanityfair.net . B. mileycyrusvanityfair.net contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents ofmileycyrusvanityfair.net are copyrighted as a collective work under the Singapore copyright laws. mileycyrusvanityfair.net owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of mileycyrusvanityfair.net and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. C. User shall not upload, post or otherwise make available on mileycyrusvanityfair.net any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of mileycyrusvanityfair.net , User automatically grants, or warrants that the owner of such material has expressly granted mileycyrusvanityfair.net the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants mileycyrusvanityfair.net the right to edit, copy, publish and distribute any material made available on pmileycyrusvanityfair.net by User. D. The foregoing provisions of Section 5 are for the benefit of mileycyrusvanityfair.net , its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. 6. USE OF SERVICES The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not: Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise). mileycyrusvanityfair.net has no obligation to monitor the Communication Services. However, mileycyrusvanityfair.net reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. mileycyrusvanityfair.net reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. mileycyrusvanityfair.net reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in mileycyrusvanityfair.net sole discretion. Materials uploaded to the Communication Services
may be subject to posted limitations on usage, reproduction and/or
dissemination; User is responsible for adhering to such limitations if
User downloads the materials. 7. MEMBER ACCOUNT, PASSWORD, AND SECURITY If any of the Services requires User to open an
account, User must complete the registration process by providing
mileycyrusvanityfair.net with current, complete and accurate
information as prompted by the applicable registration form. User also
will choose a password and a user name. User is entirely responsible for
maintaining the confidentiality of User’s password and account.
Furthermore, User is entirely responsible for any and all activities that
occur under User’s account. User agrees to notify mileycyrusvanityfair.net
immediately of any unauthorized use of User’s account or any other breach
of security. mileycyrusvanityfair.net will not be liable for any
loss that User may incur as a result of someone else using User’s password
or account, either with or without User’s knowledge. However, User could
be held liable for losses incurred by mileycyrusvanityfair.net or
another party due to someone else using User’s account or password. User
may not use anyone else's account at any time, without the permission of
the account holder. 8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE Any software that is made available to download from the Services ("Software") is the copyrighted work of mileycyrusvanityfair.net and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, mileycyrusvanityfair.net HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR YOUR CONVENIENCE, mileycyrusvanityfair.net
MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. mileycyrusvanityfair.net
DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE
RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS
AND UTILITIES MADE AVAILABLE ON THE SERVICES. 9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. mileycyrusvanityfair.net AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. mileycyrusvanityfair.net AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL mileycyrusvanityfair.net AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON
THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
mileycyrusvanityfair.net AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME. 10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE IN NO EVENT SHALL mileycyrusvanityfair.net
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. 11. MATERIALS PROVIDED TO mileycyrusvanityfair.net OR POSTED AT ANY OF ITS WEBSITES mileycyrusvanityfair.net does not claim
ownership of the materials User provide to mileycyrusvanityfair.net
(including feedback and suggestions) or post, upload, input or submit to
any Services or its associated services for review by the general public,
or by the members of any public or private community, (each a "Submission"
and collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting ("Posting") User’s Submission User is
granting mileycyrusvanityfair.net , its affiliated companies and necessary
sublicenses permission to use User’s Submission in connection with the
operation of their Internet businesses (including, without limitation, all
mileycyrusvanityfair.net Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User’s
Submission; to publish User’s name in connection with User’s Submission;
and the right to sublicense such rights to any supplier of the Services. In addition to the warranty and representation set
forth above, by Posting a Submission that contain images, photographs,
pictures or that are otherwise graphical in whole or in part ("Images"),
User warrant and represent that (a) User is the copyright owner of such
Images, or that the copyright owner of such Images has granted User
permission to use such Images or any content and/or images contained in
such Images consistent with the manner and purpose of User’s use and as
otherwise permitted by these Terms of Use and the Services, (b) User have
the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if
any, has provided consent to the use of the Images as set forth in these
Terms of Use, including, by way of example, and not as a limitation, the
distribution, public display and reproduction of such Images. By Posting
Images, User is granting (a) to all members of User’s private community
(for each such Images available to members of such private community),
and/or (b) to the general public (for each such Images available anywhere
on the Services, other than a private community), permission to use User’s
Images in connection with the use, as permitted by these Terms of Use, of
any of the Services, (including, by way of example, and not as a
limitation, making prints and gift items which include such Images), and
including, without limitation, a non-exclusive, world-wide, royalty-free
license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat User’s Images without
having User’s name attached to such Images, and the right to sublicense
such rights to any supplier of the Services. The licenses granted in the
preceding sentences for a Images will terminate at the time User
completely remove such Images from the Services, provided that, such
termination shall not affect any licenses granted in connection with such
Images prior to the time User completely remove such Images. No
compensation will be paid with respect to the use of User’s Images. 12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY A. USER EXPRESSLY AGREES THAT USE OF mileycyrusvanityfair.net IS AT USER'S SOLE RISK. NEITHER mileycyrusvanityfair.net , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT mileycyrusvanityfair.net WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF mileycyrusvanityfair.net , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH mileycyrusvanityfair.net . B. mileycyrusvanityfair.net IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. C. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER
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OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF
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WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO
CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT
LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM
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POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE
PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND
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OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE
PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY
SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS
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right, but not the obligation, to monitor the content of
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right to remove any material that mileycyrusvanityfair.net , in its sole
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officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of
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terminate this Agreement at any time. Without limiting the foregoing,
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terminate User's Account in the event of any conduct by User which
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